Terms & Conditions
We provide services to you subject to the notices, terms, and conditions set forth in this agreement. Besides, you will obey the rules, guidelines, policies, terms, and conditions applicable to such services before you use them. We reserve the right and we may change this policy from time to time, by updating this information and these terms and conditions at any time. You should check this page from time to time to ensure that you are satisfied with any changes.
This website (“Site”) is owned by GAP Essentials (“the Company” / “us” / “we”) with limited liability duly incorporated in the Republic of South Africa. The Site incorporates the GAP Essentials online Site and except where the context otherwise indicates, references to “the Site” include the GAP Essentials online site. The Site promotes the sale of the Company’s products as well as other products (collectively “the Products”).
Before proceeding, please read this agreement because accessing, browsing, or otherwise using the Site indicates your agreement to all the terms and conditions in this agreement. By shopping or browsing on this Site, you:
- Represent and warrant that you have read and understood these terms and conditions as well as the policies displayed on this Site; and
- Agree to be bound by these terms and conditions as well as the policies (collectively “the Agreement”).
You shall not use this Site to send or post any message or material that is unlawful, harassing, defamatory, abusive, threatening, obscene, sexually orientated, racially offensive, profane or which violates any applicable law and you hereby indemnify the Company against any loss, liability, damage or expense of whatever nature which the Company or any third party may suffer and which is caused by or attributable to, whether directly or indirectly, your use of the Site. You shall not upload, distribute, or otherwise publish through this Site any Content, information, or other material that (a) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under applicable laws or the laws of any other country that may apply; or (c)violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person. The Site may give you an account identification and password to enable you to access and use certain portions of this Site. Each time you use a password or identification, you are deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this agreement and the Company has no obligation to investigate the source of any such access or use of the Site.
Unless explicitly permitted by our company in advance, all materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business. We reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable laws or is harmful to our interests. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by our company in writing.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify the Company of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Product Pricing and Availability
Subject to availability, the price you pay for Products will be the price shown on the Site on the date that you pay for such Products.
Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. Time-based pricing is only available during the times and dates stipulated on the Site.
The price of each Product is the price displayed on the the Site. In the event of a Product being on special, this price will be displayed. All prices are quoted in South Africa Rand (ZAR). Prices are only valid on the Site and not at stores. Delivery costs are calculated taking into account the area of delivery as well as the weight and product dimensions of each Product being delivered and/or volumetric rate, and are quoted separately.
Whilst all precautions are taken by the Company to provide the correct pricing on this Site, in the event that an error does occur, the Company will make every effort to contact you to cancel the purchase and provide a full refund for the original amount paid. As such the Company will not be obliged to provide you with the affected Product at such incorrect price.
The Products displayed on this Site are subject to availability. We reserve the right to not honor typographical errors which may cause incorrect pricing on the website. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and services offered on this Site without incurring any liability whatsoever.
Product Image Colours and Product Descriptions
The Products that appear on this site are digital representations and are for display purposes. We try to display as accurately as possible the colours of the Products that appear on the Site. As the actual colours you see will depend on your computer’s monitor we cannot guarantee, however, that your monitor’s display of any colour will be accurate.
All items displayed on the Site for sale state their full retail price. This price is often indicated by the supplier and sometimes reflects our calculated price based on industry standard. Our sale items will be displayed reflecting the discounted price in the case a discount code hasn’t been offered to customers. Every so often human error occurs and something may not be right. In this case, we endeavour to contact you straight away and adjust or correct the issue. If you notice something that looks incorrect, don’t hesitate to contact us directly and we can rectify the problem. In the instance of an under-priced item advertised on the site, we will contact you and you are entitled to cancel or continue with your adjusted order.
Links, Advertising and Electronic Communication
The Company has not reviewed all of the sites linked to its website and is not responsible for the contents of any such links. External hyperlinks may be provided on the Site, but such links are beyond the Company’s control. You shall not interpret the provision of such hyperlinks as constituting any relationship between the Company and any linked third party, nor as an endorsement by the Company of such third party. Hyperlinks provided on this Site to other websites are provided as is and the Company does not necessarily agree with, edit or sponsor the content of such websites. The use of, or reliance placed by you on any external links provided on the Site is entirely at your own risk.
Any person, business or other website that links to any page on this Site must not use this Site or its links to send or post any message or material that is unlawful, harassing, defamatory, abusive, threatening, obscene, sexually orientated, racially offensive, profane or which violates any applicable law and you hereby indemnify the Company against any loss, liability, damage or expense of whatever nature which the Company or any third party may suffer and which is caused by or attributable to, whether directly or indirectly, your use of the Site and/or the links. The Company does not give explicit right to use any of the Site’s links and doing so does not constitute permission by the Company. Any advertising and other promotional material that may be displayed on the Site from time to time shall not be interpreted as constituting any relationship between the Company and any third party placing such advertising or promotional material on the Site, nor as an endorsement by the Company of such third party. Any use of, or reliance placed by you on such material is entirely at your own risk.
When you use or visit this Site, or send electronic communications to the Site including, without limitation, e-mails or place orders for Products, you:
- consent to receiving communications from the Company electronically;
- agree that all notices, disclosures and other communications sent by the Company, including this Agreement, satisfies any legal requirements, including but not limited, to the requirement that such communications should be ‘in writing’;
- agree that the Company may use your information to contact you, from time to time, about promotions and special offers if you have indicated during registration that you would like to receive such information. You are entitled, at any stage, to opt out of this service. We shall not sell or rent information about you including, without limitation, your name, identity number, address, email address and contact telephone number (“personal information”) to any third parties; and
- agree that the Company may disclose your personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as otherwise required by law, e.g. for accounting purposes.
All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Site are owned by the Company alternatively the Company is the lawful user thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Site and/or any Site information as well as the database is the sole property of the Company.
The Company grants you permission to view, electronically copy and print portions of the Site for the sole purpose of placing an order with the Company for any of the Products.
The Company may, in its sole discretion, suspend or terminate the operation of the Site at any time without prior notice to you and without the need to give you reasons for such termination or suspension.
Any amendments will take effect immediately on posting of the amendments on the Site. You shall be deemed to have accepted any changed terms should you continue to use the Site.
If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining terms.
This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by the Company to you shall not be construed as a waiver or variation of any of our rights or remedies.
At the option of the Company, any dispute arising out of the Agreement may be brought in any Magistrates’ Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.
The Site is managed in the Republic of South Africa and this Agreement is accordingly governed by the laws of the Republic of South Africa.
Any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this Agreement, may be submitted to confidential arbitration in Cape Town, South Africa in terms of the expedited rules of the Arbitration Foundation of Southern Africa. The terms and conditions are governed by and construed in accordance with the laws of South Africa and you irrevocably submit to the exclusive jurisdiction of the courts in that State, Province or location of Western Cape, Cape Town.
The Company chooses, its domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notice, or other documents at Cape Town and marked for the attention of the General Manager.
Disclaimers and Exclusions of Liability
You expressly agree that use of the Site is entirely at your own risk. The Site and its contents are provided on an ‘as is’ and ‘as available’ basis and has not been compiled to meet individual requirements. It is your responsibility to satisfy yourself, prior to entering into this Agreement, that the service available from and through this Site meets your requirements.
The Company makes no representations nor gives warranties of any kind, whether express or implied including, without limitation, with respect to the Site, its contents, the accuracy thereof or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of Products and/or delivery arrangements and times.
The Company disclaims all representations and warranties including, but not limited to, warranties as to the availability, accuracy or content of information, Products or services, and warranties of or fitness for a particular purpose of information, goods or services. This could include, but not limited to, technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its website are accurate, complete or current. We reserve the right to make changes to the materials contained on the Site at any time without prior notice, but the Company does not make any commitment to update the materials.
The Company does not warrant that the functions provided by the Site will be uninterrupted or error free, or that the Site or the server that makes it available are free from viruses or other harmful components. Save as expressly set out herein, the Company shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with the Company’s negligent acts or omissions or those of their employees, agents, representatives, sub-contractors or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (and whether arising under contract, delict or otherwise), sustained by either you, the recipient of the Products or services or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use or possession of the Products or services.
The Company, its owners directors, employees, sub-contractors, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the Site (including any information contained thereon) or the Internet. You hereby indemnify the Company from and against any loss or damage suffered or liability incurred including, without limitation, in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the Site and/or in terms of this Agreement and/or in relation to the receipt of Products or services supplied by the Company pursuant to any such order.
Notwithstanding any other provisions contained herein, the Company’s liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the Product(s) in respect of which any such dispute or claim arises.
By accessing this Site you warrant and represent to the Company that you are legally entitled to purchase the Products and that all the details you have provided are true and complete.
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of the Company. You should consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.