Terms & Conditions
1. Website Terms and Conditions of Use Relating to [www.cameramagic.co.za]
1.1. These Terms and Conditions (the Terms and Conditions) govern your (the User) use of the [cameramagic] (Provider) website located at the domain name [www.cameramagic.co.za] (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 and is a legal and binding agreement entered into between the user and the provider on the date of the user’s acceptance of the terms and conditions set out herein (have an accept button which must be clicked before the consumer can proceed to the website’s content).
1.2. 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.
2.1. Access to the services, content, software and content downloads available from the website are "electronic transactions" in terms of the Electronic Communications & Transactions Act 25 of 2002 ("ECT Act") and therefore users have the rights detailed in Chapter 7 of the ECT Act and the Provider herewith discloses the following information:-
2.1.1. The full name and legal status of the website owner: Vendiza Trading (Pty) Ltd
2.1.2. Physical address: 91 Kiaat Street, Doringkloof, Centurion, 0157
2.1.3. Telephone No: (083) 654 5910
2.1.4. Website address(es): www.cameramagic.co.za/index.php
2.1.5. Email address: firstname.lastname@example.org
2.1.6. We do not subscribe to a code of ethical conduct as yet.
2.1.7. Registration number: 2012/225975/07
2.1.8. The names of its office bearers: Izak van Heerden
2.1.9. Place of registration: Pretoria, South Africa
2.1.10. A sufficient description of the main characteristics of the goods or services offered by the provider to enable the user to make an informed decision on the proposed electronic transaction: Goods and services provided by Vendiza Trading consists of selling products online and having them posted, by means of the South African postal service, to the Buyer.
2.1.11. The full price of the goods or services, including transport costs, taxes and any other fees or costs: see product page to see price per unit. Prices include VAT, however on the invoice generated upon purchase the product price and VAT will be shown separately.
2.1.12. The manner of payment: Card payments and EFT will be accepted via Payfast’s secure payment gateway.
2.1.13. Detail on how the terms and condition herein may be accessed, stored and reproduced electronically by the user: By clicking on the Terms and Conditions of the website, www.cameramagic.co.za.
2.1.14. The time within which the goods will be dispatched or delivered or with in which the services will be rendered: The goods are delivered by means of courier. Therefore, only South African addresses will be accommodated.
2.1.15. The manner and period within which the user can access and maintain a full record of the transaction: Users can register on the site, log in and get an update of their shipment.
2.1.16. The provider’s return, exchange and refund policy: As set out in paragraph 6 hereof.
2.1.17. Any alternative dispute resolution code to which the provider subscribes and how the wording of that code may be accessed electronically by the user: The provider does not subscribe to any alternative dispute resolution code as yet.
2.1.19. The user is entitled to cancel without reason and without penalty any transaction and any related credit agreement in terms thereof for the supply of goods within fourteen days after the date of the receipt of the goods; or of services within fourteen days after the date of the conclusion of the agreement. If payment for the goods or services has been effected prior to the user exercising a right referred to above, the user is entitled to a full refund of such payment, which refund must be made within 30 days of the date of cancellation.
3. Electronic Communications
3.1. 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.
4. Limitation of liability
4.1. 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. 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.
4.2. The Seller shall not be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, in relation to the use of Cameramagic’ products, even if Provider is expressly advised thereof.
4.3. The Seller assumes no responsibility whatsoever for the misuse of any of the Products sold.
4.4. The Seller makes no warranties, whether expressed or implied, with regard to any of the Products sold.
4.5. The Buyer warrants that they hold the Seller (and its employees and shareholders) free of any and all legal action and prosecution. This includes any entrapment procedures that may be perpetrated or attempted by law enforcement and government agents and/or their agencies.
4.6. The Buyer confirms that he/she is at least 18 years old and of legal age and capacity in their country of residence.
5. Payments, Courier and Shipment of Products
5.1. All charges for courier and shipment services, including freight and taxes must be met by the Buyer.
5.2. Products are sent to the Buyer via a courier. The Provider, therefore can only accommodate addresses within South Africa.
5.3. The Seller reserves the right to alter methods of shipment or to refuse orders. Subject to availability and receipt of payment, orders will be processed within 2 working days.
6. Refund and Return Policy
6.1. The provision of goods and services by the Seller is subject to availability. In cases of unavailability of a product, the Seller will refund the client within 14 days.
6.2. If the Buyer wishes to return Products, provided that the Products are received back by the Seller within 14 days of receipt and received back by the Seller, a Product Credit Note or refund will be issued.
6.3. If the Seller has shipped the wrong Products or Products have arrived in a damaged condition due to incorrect packaging, then the Seller must be contacted first and then the package and Products must be returned to the Seller for inspection. If the fault is identified and agreed, the Seller will reship the products.
7. Copyright and Intellectual Property Rights
7.1. 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.
8. Updating of these Terms and Conditions
8.1. 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 and the user will become bound to such changed terms and conditions upon the user logging into to the website and effecting a purchase.
8.2. 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.
8.3. A certificate singed by the administrator responsible for maintaining the website will be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions hereof, as well as of the dates of access to the website by the user.
9. Choice of Law
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. The User may not use this Website in violation of any South African laws and regulations including export laws.. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws in such country of access.
9.2. 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 Witwatersrand 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.
9.3. This website is run by Virtual Space Administration CC with the registration number: CK99/23344/23.
10. Online Payment: PayGate Payment Gateway
10.1. All online credit card payments are processed by the PayFast Gateway. Card Holders may go to www.payfast.co.za to view PayFast security policy and payment methods.
10.2. Credit card transactions will be acquired for the Seller via PayFast (Pty) Ltd who are the approved payment gateway for Visa and Mastercard Transactions. PayFast 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 www.payFast.co.za to view their security certificate and security policy.
10.3. Customer details will be stored by the Seller separately from card details which are entered by the client on PayFast’s secure site. For more detail on PayFast refer to www.paygate.co.za.
10.4. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
11. E-Commerce & Privacy
11.1. The Website sells products [as fully outlined within the Website] online. The use of any product or service bought from this Website is at the purchaser’s risk. Please note the Seller does not offer medical advice, nor does it make any medical claims for the products.
11.2. No information supplied may be construed to replace that of a physician. All translations are offered on a best effort basis. Any opinions stated are not necessarily those of the Seller.
11.4. 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.
12. Severability and Divisibility
12.1. Each and every provision and/or clause embodied in this agreement and/or obligation and/or right by any one party to the other flowing from this agreement, is hereby declared to be severable and divisible from each other. Accordingly, but without limiting the consequences or effect of the aforegoing, in the event that any one or more of the clauses and/or provisions and/or rights and/or obligations, contained in this agreement is found or declared to be invalid or unenforceable, for whatever reason, then and in such event such invalidity and/or unenforceability shall in no way whatsoever affect and/or effect and/or detract from, and/or limit, and/or inhibit, and/or derogate from, the enforceability and/or validity of the remaining clauses and/or provisions of this agreement, and/or the rights and/or obligations of any party under this agreement.
13. Indulgence, Waiver and Abandonment
13.1. No indulgence, waiver or relaxation by either party shall constitute a waiver nor an abandonment of any right the other party may have consequent to either partys breach.
13.2. Any right arising consequent upon either partys breach, shall remain intact whilst this agreement is operative, and no act or omission committed by the other party to the aforesaid right arising, shall be deemed to be a waiver nor an abandonment of either partys right to do such things and take such steps as a result of the aforesaid breach, the parties recording that their intention is that the other party shall be entitled at all times to act and enforce such rights as arise consequent upon the other partys breach, at any time after the breach, notwithstanding any act, matter or thing done by the one party subsequent to the breach having been committed.
13.3. No waiver or abandonment of any right the one party has, nor election consequent upon the other partys committing a breach, shall be valid or binding upon the one party, unless reduced to writing and signed by them. Any alleged or purported waiver or abandonment, or election consequent upon any breach, shall be of no force or effect unless reduced to writing and signed by the other party.
13.4. The parties furthermore acknowledge and record that no act or omission committed by either party, in enforcing or not enforcing any of its rights against either party, or of enforcing or not enforcing its rights expeditiously, or releasing either party from their liability herein (whether in whole or in part) shall in any way whatsoever prejudice, compromise or fetter the parties rights to proceed against them, at any stage or time subsequent to the act or omission in question.
14. Correctness of Supplied Information
14.1. Because the parties deal with each other in a non-face-to-face environment, the user hereby permit the provider and its online partners to rely on the fact that all detail given to the provider by the user are true and correct, that the user is legally capable of concluding any transaction on this website and that the user has read, understood and accepted these terms and conditions. The provider is furthermore entitled to rely on instructions that appear to originate from the user unless the user notifies the provider of any irregularities, to act on any instruction purporting to originate from it.
15. DOMICILIUM CITANDI ET EXECUTANDI
15.1. The provider hereto chooses as its domicilium citandi et executandi for all purposes under this agreement including, but not limited to the delivery of letters or documents instituting actions or applications, the address 91 Kiaat Street, Doringkloof, Centurion, South Africa. The user hereto choose as its domicilium citandi et executandi for all purposes under this agreement including, but not limited to the delivery of letters or documents instituting actions or applications, the address of delivery of the goods.