CONDITION OF USE
Welcome to Oosthaven’s Music. Oosthaven’s Music and its affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in this agreement. By using the Oosthaven’s Music (www. oosthavens.co.za) website and/or registering to shop on Oosthaven’s Music you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the Oosthaven’s Music website to trade and that you agree to be bound by these terms and conditions.
Should you not agree to the terms and conditions stipulated you may not use the Oosthaven’s Music website.
Your access to the Oosthaven’s Music website and use of any services provided by Oosthaven’s Music including any purchases made by you from Oosthaven’s Music are subject to terms and conditions established under the following headings.
- Terms of Trade with Oosthaven’s Music
- Privacy and Security Statement
- Intellectual Property Statement
- Dispute Resolution.
- Compliance with statutory consumer protection provisions
- Contact Information
Oosthaven’s Music grants you a limited license to access and make personal use of the Oosthaven’s Music website. You are not allowed to modify (other than page catching) the website or any portion thereof without the prior written consent of Oosthaven’s Music .
This license does not permit any resale or commercial use of the Oosthaven’s Music website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Oosthaven’s Music website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
The Oosthaven’s Music website or any portion of the Oosthaven’s Music website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of Oosthaven’s Music .
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Oosthaven’s Music and our affiliates without prior written consent.
You may not use any meta tags or any other “hidden text” utilizing the Oosthaven’s Music name or trademarks without the prior written consent of Oosthaven’s Music . Any unauthorized use terminates the permission or license granted by Oosthaven’s Music .
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Oosthaven’s Music website so long as the link does not portray Oosthaven’s Music , its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Oosthaven’s Music logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.
Oosthaven’s Music may provide links from the Oosthaven’s Music website to other websites which may offer services to you. Oosthaven’s Music is not responsible for evaluating the content or offerings made on these websites. Oosthaven’s Music does not endorse or warrant the offerings of any of the businesses or individuals, nor is it responsible for the content of the websites to which links may be provided, or that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to Oosthaven’s Music for any dealings with any other websites accessed through links provided by Oosthaven’s Music and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE OOSTHAVENS MUSIC WEBSITE IS PROVIDED BY OOSTHAVENS MUSIC ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER OOSTHAVENS MUSIC , NOR ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OOSTHAVENS MUSIC WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OOSTHAVENS MUSIC WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, OOSTHAVENS MUSIC ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OOSTHAVENS MUSIC DOES NOT WARRANT THAT THE OOSTHAVENS MUSIC WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OOSTHAVENS MUSIC ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. OOSTHAVENS MUSIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE OOSTHAVENS MUSIC WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL OOSTHAVENS MUSIC , ITS DIRECTORS, EMPLOYEES, OFFICERS, OR ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE OOSTHAVENS MUSIC WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE LIABILITY OF OOSTHAVENS MUSIC , ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, AND SERVICE PROVIDERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO R5 000.00.
The Oosthaven’s Music website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with Oosthaven’s Music .
TERMS OF TRADE WITH OOSTHAVENS MUSIC Oosthaven’s Music
Invitation to do business
The products or services which appear on the Oosthaven’s Music website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services to Oosthaven’s Music . Only when Oosthaven’s Music has accepted your offer and delivered the goods, will an enforceable agreement of sale be transacted. Oosthaven’s Music can cancel the sale at any time at Oosthaven’s Music `s absolute discretion.
The price of any products or services sold through Oosthaven’s Music shall be confirmed on the acceptance of your order. Despite our best efforts, products or services offered on the website may be mis-priced. If we discover a mis-pricing, we will immediately notify the customer and offer them a full refund.
IMPORTANT: If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the Oosthaven’s Music website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with Oosthaven’s Music . You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services.
Place and time of agreement
Agreement to use the Oosthaven’s Music website and those governing all transactions that may be effected using the Oosthaven’s Music website shall be deemed to have taken place in Pretoria.
All communications with Oosthaven’s Music facilitated by the Oosthaven’s Music website, the Oosthaven’s Music call center, or email communicated between you and Oosthaven’s Music shall be deemed to have been received, in the case of communications initiated by Oosthaven’s Music , when the communication leaves the Oosthaven’s Music website or email server, and in the case of communications initiated by you, when it is received on the Oosthaven’s Music website or email server. Acceptance by Oosthaven’s Music of an order placed by you shall be deemed to have been made and an agreement entered into, once a product leaves the Oosthaven’s Music premises destined for you. If only part of an order leaves our premises, only that portion of the order is deemed as accepted.
- Oosthaven’s Music can cancel any order at any time.
- Orders will not be kept for longer than 2 weeks.
- Returns on Software will not be accepted if the product has been opened
Due to the popularity of some products or services, Oosthaven’s Music may not always have a products or services ordered by you in stock. If the products and services ordered by you is not available or only a portion is available, you may cancel the order, or re-order the quantity that is available. Once the products or services become available, it will be shipped to you.
When you visit Oosthaven’s Music or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Oosthaven’s Music will communicate with you by e-mail or by posting notices on the Oosthaven’s Music website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to the Oosthaven’s Music website and transactions concluded using the Oosthaven’s Music website, as well as your intent to enter into any transaction with Oosthaven’s Music , may be evidenced by any action by you from which this may reasonably be inferred.
Before you may make an offer to purchase any of the products or services provided by Oosthaven’s Music it is necessary that you register as a purchaser. Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing a fraud and Oosthaven’s Music may take whatever legal action it deems necessary to obtain the appropriate relief.
Registration as a purchaser is free and does not obligate you to purchase anything or release information such as credit card numbers or bank account details. In registering as a purchaser you are required to provide Oosthaven’s Music with, complete and accurate information about yourself and you warrant that the information provided is correct.
Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your Internet Service Provider, but it typically takes less than an hour to receive the email confirmation. If you do not receive the email confirmation, you should contact our call centre, the details of which are contained under Contact information.
Without a valid email address (your user identification) and password, you will not be able to purchase products or services displayed on the Oosthaven’s Music website. You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.
If you suspect that the confidentiality of your password has been compromised you should immediately advise Oosthaven’s Music of this fact by email. Oosthaven’s Music shall on receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions. Termination or suspension of registration
If you are in breach of, or Oosthaven’s Music believes that you may breach, any of the terms and conditions governing the use of, or trading using the Oosthaven’s Music website, Oosthaven’s Music may, in it’s absolute discretion, either suspend or terminate your registration as a purchaser.
The transaction history may be accessed by a registered customer on the Oosthaven’s Music website and is provided for information purposes only. This transaction history will show purchase transactions only and will not reflect refunds or other transactions. For a full and accurate transaction history, the Oosthaven’s Music call centre details of which are available on the Oosthaven’s Music website.
AMENDMENT TO TERMS AND CONDITIONS
Oosthaven’s Music may amend the terms and conditions governing access to the Oosthaven’s Music website as well as trade using the website. Oosthaven’s Music shall, prior to the amendments of the terms and conditions, give registered purchasers and any third parties to whom this agreement may apply notice of the amendments by email, or by posting the notice of such amendments on the Oosthaven’s Music website. If you do not agree with the amended terms you shall immediately give notice to Oosthaven’s Music of your wish to have your registration terminated. Failure to do so will be deemed to indicate your acceptance of the amended terms and conditions.
Advertising and Printed Material
While Oosthaven’s Music makes every possible effort to ensure that all product information and pricing in any form of communication material is factually correct at the time of communicating it to the public, Oosthaven’s Music cannot be held responsible if any factual errors occur. Please check pricing and specifications on the Oosthaven’s Music website for any changes. All prices are inclusive of VAT unless otherwise stated. All prices exclude delivery costs. E&OE
INTELLECTUAL PROPERTY STATEMENT
Copyright in any information or trademarks displayed anywhere on the Oosthaven’s Music website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by Oosthaven’s Music , or by the original creator of the materials, or by suppliers and service providers to Oosthaven’s Music . None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described by Oosthaven’s Music or with the prior written permission Oosthaven’s Music . All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Oosthaven’s Music website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, shall be settled by the arbitration council of South Africa.
For all disputes regardless of where they arise, the place of the arbitration is deemed to be Johannesburg. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English.
For the purposes of any arbitration:
you choose the email address chosen by you in registering as a purchaser; and
Oosthaven’s Music chooses firstname.lastname@example.org
By using the Oosthaven’s Music website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.
COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS
Oosthaven’s Music adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the Oosthaven’s Music website, as well as the information required in terms of the Act, are provided for your reference.
Return of products or cancellation of service agreements
Oosthaven’s Music shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within seven days of the date of receipt by you of the products or the conclusion of an agreement to provide services. Exclusions from return of products or cancellation of service agreements
The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:
- any products and services are acquired by auction;
- the supply of products which comprise foodstuffs, beverages, or other goods intended for everyday consumption at the home or workplace of the customer;
- to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
- where the price of the products or services depends on fluctuation in financial markets beyond the control of Oosthaven’s Music ;
- where the products are personalised or made to the customers specifications;
- where the products are perishable or will expire rapidly;
- where the products by reason of their nature cannot be returned;
- if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;
- the sale of reading material in whatever form;
- the provision of any gaming or lottery services;
- the provision of accommodation, travel, transport, catering or leisure services if Oosthaven’s Music or its agents or suppliers undertake to provide these services on a specific date or within or for a specific period
- Any software whether opened or not.
- Prizes are not transferable and/or negotiable
- Any violation or attempt to violate any of these rules will result in the immediate disqualification of all people involved
- The judge’s decision is final and no correspondence will be entered into
- The prize will be handed over to the winner within 30 working days after the selection/draw
- By entering the competition you will be subscribed to Oosthaven’s Music `s monthly newsletter base, in which you can unsubscribe at any time. Subscription to Oosthaven’s Music ’s weekly newsletter base means you will receive a regular marketing email from Oosthaven’s Music .
- By participating in any competition hosted partly or in whole by Oosthaven’s Music , participants further agree to be bound by our internet terms and conditions which are set out on www.oosthavens.co.za
- The winner agrees to co-operate with the company in participating in any public relations exposure.
- Winners will have to verify identities, in person, by presenting a valid South African identity document or valid driver’s license
- The competition is only open to South African citizens and proof of citizenship will need to be presented by way of either a valid South African identity document of valid driver’s license
- You may enter the competition as many times as you want to but you may not use any automated system to enter the competition.
- You will not enter people’s names in the referral who you know to have expressed not wanting to receive the competition email.
- You will only enter email addresses that you know to be valid for your referrals.
- The competition end date will be communicated under the terms and conditions of the competition page and/or in the competition itself
Customers obligations on return of products and services
If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that they may be returned) have been delivered, within seven days of the receipt of the products or services, the customer shall return to Oosthaven’s Music or it’s authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by Oosthaven’s Music or its agents, to the customer as well as a written indication of the customer’s choice and reason to cancel the transaction.
The customer shall refund to Oosthaven’s Music all direct expenses incurred by Oosthaven’s Music or its authorized agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by Oosthaven’s Music or its authorized agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.
If the return is needed as a result of manufacturing fault, damage, defect, or our mistake, Oosthaven’s Music offer a full refund or exchange and we pay the shipping charges – both to have your item sent back to us, and to send you a replacement item.
In the case of an outright return for refund, you are responsible for return shipping of the product you are returning and we do not credit the original shipping charges toward the exchange. Items returned for this reason are subject to 15% bank costs, restock and handling fees.
No return on any software purchased received by the client.
No refunds will be issued on opened, used or registered software.
Please enquire about the product and availability before any purchases. To return or cancel a product, please complete the following Return and cancellation Request Form. Receipts must be kept for refunds and exchanges.
Oosthaven’s Music ’s obligations on return of the products and services
Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services, Oosthaven’s Music or its authorized agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to Oosthaven’s Music as provided for above.
Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.
Full name and legal status of website owner: Oosthaven’s Music is the trading name and is wholly owned by Oosthaven’s Music a close corporation duly incorporated in terms of the laws of South Africa.
Description of Services: Oosthaven’s Music provides access to a variety of products and services that may be purchased online all of which are, or will be, described on the Oosthaven’s Music website .
Price of goods: Prices are displayed in the website and are subject to Oosthaven’s Music rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products and services displayed on the Oosthaven’s Music website are inclusive of Value Added Tax. Payment: Payment terms and manner of payment are stipulated in the clause dealing with payment above.
Terms and conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on the Oosthaven’s Music website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms may be accessed on this Website, downloaded and stored, or reproduced at any time.
Delivery of products or services: The anticipated time of delivery of any products or services, purchase using the Oosthaven’s Music website shall be indicated at the time that any order is accepted by Oosthaven’s Music .
Transaction records and history: A full record of transactions effected using Oosthaven’s Music shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by Oosthaven’s Music or its agents. You may access this history as provided for under the clause Transaction History above.
Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above. Privacy and Security: The provisions governing Privacy and Security are provided for under the clause Privacy and Security above.
Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers to use the Oosthaven’s Music website. All agreements shall endure indefinitely subject to either parties’ rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination.