TERMS AND CONDITIONS

1 OVERVIEW

1.1. This website is operated by Smartworx BPO Proprietary (Limited) trading as E-stolo.com. Throughout the site, the terms “we”, “us” and “our” refer to E-stolo.com. E-stolo.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

1.2 By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By using the Website and by clicking on the “Register” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.3 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

1.4 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

1.5 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

1.5.1 may limit the risk or liability of E-Stolo.com or a third party; and/or
1.5.2 may create risk or liability for the user; and/or
1.5.3 may compel the user to indemnify E-Stolo.com or a third party; and/or
1.5.4 serves as an acknowledgement, by the user, of a fact.

1.6 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

1.7 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask E-Stolo.com to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with eBooks, please pay particular attention to clause 10 below, which describes the nature, functionality, usage rights and delivery of eBooks.

1.7.1 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or E-Stolo.com in terms of the CPA.
1.7.2 E-Stolo.com permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

1.8 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2 ONLINE STORE TERMS

2.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
2.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in our and your jurisdiction (including but not limited to copyright laws)
2.3 You must not transmit any worms or viruses or any code of a destructive nature.

2.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.

3 GENERAL CONDITIONS

3.1 We reserve the right to refuse service to anyone for any reason at any time.
3.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
3.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4 PRIVACY POLICY

4.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

4.2 Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

4.2.1 your name and surname;
4.2.2 your email address;
4.2.3 your physical address;
4.2.4 your gender;
4.2.5 your mobile number; and
4.2.6 your date of birth.

4.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

4.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

4.5 Subject to clause 13.6 below, we will not, without your express consent:

4.5.1 use your personal information for any purpose other than as set out below:
4.5.1.1 in relation to the ordering, sale and delivery of Goods;
4.5.1.2 to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
4.5.1.3 to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
4.5.1.4 to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
4.5.2 disclose your personal information to any third party other than as set out below:
4.5.2.1 to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
4.5.2.2 to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
4.5.2.3 to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods you have purchased which requires their involvement; and
4.5.2.4 to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 12 above).

4.6 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.

4.7 We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.

4.8 We will –

4.8.1 treat your personal information as strictly confidential;
4.8.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
4.8.3 provide you with access to your personal information to view and/or update personal details;
4.8.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
4.8.5 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
4.8.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control.

4.9 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

4.10 E-Stolo.com undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, E-Stolo.com reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

4.11 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

4.12 If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than E-Stolo.com, E-STOLO.COM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

4.13 In relation to eBooks –

4.13.1 The E-Stolo.com eReader is based on Adobe software. When you use the E-Stolo.com eReader, you agree that your data may be collected by and transmitted to Adobe via the E-Stolo.com eReader.
4.13.2 Adobe may collect, receive, use and share this data, but only in accordance with Adobe’s RMSDK Privacy Policy and general Privacy Policy contained at http://www.adobe.com, as amended time to time.
4.13.3 Data, in this clause 13.13, means any information relating to a registered user including all information that could be used to identify, locate, or contact an individual, and data relating to a registered user’s use of the relevant Reader Application, which Adobe indicates it may collect in accordance with its Privacy Policy identified above.
4.13.4 This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. Should you accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions of this clause 13.

5 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

5.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

5.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

6 MODIFICATIONS TO THE SERVICE AND PRICES

6.1 Prices for our products are subject to change without notice.

6.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

6.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

7 CONCLUSION OF SALES AND AVAILABLE OF STOCK

7.1 Registered users may place orders for Goods, which E-Stolo.com or the Third Party Seller may accept or reject. Whether or not E-Stolo.com or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by E-Stolo.com for the Goods.

7.2 NOTE: E-Stolo.com or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and E-Stolo.com or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from E-Stolo.com stating that your order or payment has been confirmed. E-Stolo.com will indicate the rejection of your order (by E-Stolo.com itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

7.3 Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.

7.4 Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold E-Stolo.com or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

7.5 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by E-Stolo.com, E-Stolo.com will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, E-Stolo.com will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

7.6 In the case of Goods for sale by a Third Party Seller, E-Stolo.com relies on inventory information supplied by the relevant Third Party Seller and E-Stolo.com accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.

7.7 Certain Goods may not be purchased for re-sale. Should we suspect that such Goods are being purchased for this purpose, we are entitled to cancel your order immediately without notice to you.

7.8 Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.

8 PAYMENT

8.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology. All credit card payments accepted use 3D secure system for added security. For more on 3D secure visit our FAQs page.

8.2 Whether the Goods are for sale by E-Stolo.com or a Third Party Seller, payment can be made for Goods via –

8.2.1 debit card;
8.2.2 credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
8.2.3 direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. E-Stolo.com will not accept your order if payment has not been received;
8.2.4 cheque deposits: cheque deposits may be made by prior arrangement with E-Stolo.com. E-Stolo.com will not accept your order if notification of clearance of the cheque deposit has not been received.

8.3 The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.

8.4 You may contact us via email at info@E-Stolo.com.com to obtain a full record of your payment. We will also send you email communications about your order and payment.

8.5 Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

8.6 No cash payments are excepted at our premises.

9 DELIVERY OF GOODS

9.1 E-Stolo.com offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

9.1.1 courier; or
9.1.2 self-collection.

9.2 Please see details of our delivery and shipping terms and conditions in our FAQ’s: Shipping and Delivery, which are incorporated by reference.

9.3 Where it accepts your order, E-Stolo.com or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

9.4 E-Stolo.com’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. E-Stolo.com is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

10 PRODUCTS OR SERVICES

10.1 All products or services are available from us exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

10.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

10.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

10.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

11 ACCURACY OF BILLING AND ACCOUNT INFORMATION

11.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

11.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

11.3 For more detail, please review our Returns Policy.

12 OPTIONAL TOOLS

12.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

12.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

12.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

12.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

13 THIRD-PARTY LINKS

13.1 Certain content, products and services available via our Service may include materials from third-parties.

13.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

14 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

14.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

14.2 We have no obligation to, monitor, edit or remove content that we determine in our sole discretion appears unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

14.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

15 PERSONAL INFORMATION

15.1 Your submission of personal information through the store is governed by our Privacy Policy.

16 ERRORS, INACCURACIES AND OMISSIONS

16.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

16.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

17 PROHIBITED USES

17.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or state regulations, rules, laws, or local laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

18 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

18.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

18.2 Whilst E-Stolo.com takes reasonable measures to ensure that the content of the Website is accurate and complete, E-Stolo.com makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

18.3 E-Stolo.com disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

18.4 Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

18.5 Any views or statements made or expressed on the Website are not necessarily the views of E-Stolo.com, its directors, employees and/or agents.

18.6 In addition to the disclaimers contained elsewhere in these Terms and Conditions, E-Stolo.com also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of E-Stolo.com, its employees, agents or authorised representatives. E-Stolo.com thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

19 LIMITATION OF LIABILITY

19.1 E-Stolo.com cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of E-Stolo.com, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@E-Stolo.com or by contacting 0310000754.

19.2 E-STOLO.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

19.3 YOU HEREBY INDEMNIFY E-STOLO.COM AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

20 TERMINATION OF SERVICE OR USE

20.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

20.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

20.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

21 ENTIRE AGREEMENT

21.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

21.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

21.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

22 GOVERNING LAW

22.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

22.2 In the event of any dispute arising between you and E-Stolo.com, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

22.3 Nothing in this clause 21or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

23 Notices

23.1 E-Stolo.com hereby selects 7th Floor, Auto Atlantic Building, 7 Hertzog Boulevard, Foreshore, Cape Town as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). E-Stolo.com may change this address from time to time by updating these Terms and Conditions.
23.2 You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving E-Stolo.com not less than 7 days’ notice in writing.
23.3 Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

23.3.1 by hand will be deemed to have been received on the date of delivery;
23.3.2 by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
23.3.3 by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
23.3.4 by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

24 INFORMATION

24.1 For the purposes of the ECT Act, E-Stolo.com’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

24.1.1 Full name: Smart Worx BPO (Pty) Ltd, a private company registered in South Africa with registration number 2011/004416/07
24.1.2 Main business: Business Process Outsourcer
24.1.3 Physical address for receipt of legal service (also postal and street address): 27th floor, Delta Towers, 303 Dr Pixley KaSeme Street, Durban, 4001 (marked for attention: CEO and Legal)
24.1.4 Office bearers: Tumbikani Nyasulu, Fezeka Dlamini
24.1.5 Phone number: +27 31 000 0754
24.1.6 Official email address: info@e-stolo.com
24.1.7 PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.

25 GENERAL

25.1 E-Stolo.com may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

25.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

25.3 Any failure on the part of you or E-Stolo.com to enforce any right in terms hereof shall not constitute a waiver of that right.

25.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

25.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

25.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

25.7 These Terms and Conditions contain the whole agreement between you and E-Stolo.com and no other warranty or undertaking is valid, unless contained in this document between the parties.

26 VOUCHERS AND COUPONS

E-Stolo.com may from time to time make use of physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of E-Stolo.com products. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

Vouchers

26.1.Vouchers that E-Stolo.com gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.

26.2 The Voucher is not transferable and may not be used in conjunction with any other E-stolo.com promotion.

26.3.Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order purchased a top up towards the required amount may be done through one of the pay systems on site.

26.4 All Vouchers exclude any sales and promotion items.

26.5 E-Stolo.com is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after E-Stolo.com has delivered the Voucher to you or the email address nominated by you.

As a general rule, and unless specified otherwise on the specific Coupon or Voucher itself:

  • each Coupon or voucher can only be used once;
  • only one Coupon or voucher can be used per cart;
  • only one Coupon or voucher can be used on the website per person per promotion/campaign;
  • a Coupon or voucher must be used at check-out – it cannot be used later on existing orders; and
  • the value of the Coupon or voucher will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
  • The Coupon or voucher is applicable only if the cart value is equal or greater than that of the Coupon or voucher.

27 SALE

  • E-stolo.com may run sales / discount it’s price from time to time as E-stolo.com may see fit.
  • Any sale held will be while stocks lasts and on a first come basis.
  • The sale / discount last for the number of days set out by each sale / discount campaign.