Terms & Conditions
Terms and
Conditions
1. Introduction
This website can be accessed at www.sosmusic.co.za, related
mobi-sites and software applications (the “Website”) and is owned and operated
by SOS Music a Division of Station of Life (Pty) Ltd. (“SOS Music”, “we”, “us”
and “our”).
These Website Terms and Conditions (“Terms and Conditions”)
direct the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable
against each person that accesses or uses this Website (“you”, “your” or
“user”), including without limitation each user who registers as contemplated
below (“registered user”). By using the Website and by clicking on the
“Register Now” and/or “Guest” button on the Website, as may be applicable, you
acknowledge that you have read and agree to be bound by these Terms and
Conditions.
The Website enables you to shop online for an extensive range of musical products including inter alia violins, cellos, sheet music, guitars, pianos (“Goods”).
2. Important Notice
These Terms and Conditions apply to users who are consumers
for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in
similar text and style to this clause and which -
·
may limit the risk or liability of SOS Music or
a third party; and/or
·
may create risk or liability for the user;
and/or
·
may compel the user to indemnify SOS Music or a
third party; and/or
·
serves as an acknowledgement, by the user, of a
fact.
Your attention is drawn to these Terms and Conditions
because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that
you do not understand, it is your responsibility to ask SOS Music to explain it
to you before you accept the Terms and Conditions or continue using the
Website.
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 SOS Music in terms of the CPA.
SOS Music 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.
3. Returns
Please refer to our Returns Policy (here) for more information
about returning products (and related refunds, replacements or repairs).
4. Registration and use of the website
Only registered users and/or Guest users may order Goods on
the Website.
To register as a user, you must provide a unique username
and password and provide certain information and personal details to SOS Music.
You will need to use your unique username and password to access the Website in
order to purchase Goods.
You agree and warrant that your username and password shall:
be used for personal use only; and
not be disclosed by you to any third party.
For security purposes you agree to enter the correct
username and password whenever ordering Goods, failing which you will be denied
access.
You agree that, once the correct username and password
relating to your account have been entered, irrespective of whether the use of
the username and password is unauthorised or fraudulent, you will be liable for
payment of such order, save where the order is cancelled by you in accordance
with these Terms and Conditions.
You agree to notify SOS Music immediately upon becoming
aware of or reasonably suspecting any unauthorised access to or use of your
username and password and to take steps to mitigate any resultant loss or harm.
You agree that you will not in any way use any device,
software or other instrument to interfere or attempt to interfere with the
proper working of the Website. In addition, you agree that you will not in any
way use any robot, spider, other automatic device, or manual process to
monitor, copy, distribute or modify the Website or the information contained
herein, without the prior written consent from an authorised SOS Music
representative (such consent is deemed given for standard search engine
technology employed by Internet search websites to direct Internet users to
this Website).
You may not use the Website to distribute material which is
defamatory, offensive, contains or amounts to hate speech or is otherwise
unlawful.
You may not in any way display, publish, copy, print, post
or otherwise use the Website and/or the information contained therein without
the express prior written consent of an authorised SOS Music representative.
5. Conclusion of sales and availability of stock
Registered users may place orders for Goods, which SOS Music
may accept or reject. Whether or not SOS Music 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 SOS Music for the Goods.
NOTE: SOS Music 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 SOS Music come into effect
(the “Sale”). This is regardless of any communication from SOS Music stating
that your order or payment has been confirmed. SOS Music will indicate the
rejection of your order (by SOS Music) by cancelling it and, as soon as
possible thereafter, refunding you for any amount already paid.
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.
Placing Goods in a wish list 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 SOS
Music 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.
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 SOS Music, SOS Music 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, SOS Music will notify you and you will be entitled to a refund of the
amount paid by you for such Goods.
Certain Goods may not be purchased for re-sale. Should we
suspect that any Goods are being purchased for sale, we are entitled to cancel
your order immediately without notice to you.
6. Payment
Disclosure of outlet country at time of payment
Nedbank
South Africa
Payment Options and Pricing
All transactions will be processed in South African Rands
(ZAR).
SOS Music endeavours to offer you competitive prices on
current products; your total order price will include the price of the purchase
plus any applicable sales tax and shipping charges (on the day of shipping)
where necessary.
SOS Music reserves the right to change pricing at any time
without prior notice.
Should SOS Music reduce its price on any shipped products
within 10 working days of shipment, you may contact us and request a refund of
the difference between the price you were charged and the reduced selling
price. To receive the refund, you must contact us within 14 days of shipment.
Credit Card
We accept MasterCard and Visa credit cards. If you do not
have a credit card please utilise one of the other payment options, or simply
log off and return to the site at a later time to complete your order. All of
your order details will be saved online under in the Your Account section
available for use whenever you’re ready.
SiD Instant EFT
SiD allows you to pay directly from your bank account,
without needing a credit or debit card to complete the payment.
EFT (Electronic Fund Transfer)
One of the most widely used ways of sending money online.
Once you have added enough items to your shopping cart, proceed to “Checkout”
and follow the order processing instructions. Select the option to pay via EFT.
You will then have to load SOS Online as a beneficiary on your internet banking
and use the unique order number in the reference line for your payment. This
should ensure speedy processing and delivery of your selected products.
Direct Deposit
You may pay for your products through a direct deposit. It’s
exactly the same as doing an EFT payment, except you’ll have to go into your
bank and physically make your direct deposit there. Please email or whattasp
your deposit slip to us on 082 312
4934 to ensure your payment is confirmed and order shipped as quickly
as possible. For more information about how to order, special order
requirements and other payment options, please email our admin team at info@sosmusic.co.za
7. Security Policy
Virtual Card Services process all credit card transactions.
All credit card transactions are 128-bit Secure Socket Layers (SSL) encrypted.
The company registration documents and the site's registered domain name are
checked and verified by Thawte, ensuring the cardholder and merchant that
nobody can impersonate VCS to obtain confidential information.
Virtual Card Services is committed to providing secure
online services. All encryption complies with international standards.
Encryption is used to protect the transmission of personal information when
completing online transactions. Virtual Card Services Internet servers are
protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
Virtual Card Services continually reviews and enhances its
security in line with technological changes.
8. Delivery of goods
SOS Music offers 2 (two) methods of delivery of Goods to
you. You may elect delivery via: courier or self-collection.
Please see details of our delivery and shipping terms and
conditions.
Where it accepts your order, SOS Music 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.
SOS Music’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. SOS Music 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.
9. Errors
We shall take all reasonable efforts to accurately reflect
the description, availability, purchase price and delivery charges of Goods on
the Website. However, should there be any errors of whatsoever nature on the
Website (which are not due to our gross negligence), we shall not be liable for
any loss, claim or expense relating to a transaction based on any error, save –
in the case of any incorrect purchase price – to the extent of refunding you
for any amount already paid, or otherwise as set out in the Returns Policy.
10. Vouchers
SOS Music may from time to time make physical or electronic
gift vouchers (“Vouchers”) available for use on the Website towards the
purchase of SOS Music Goods. Vouchers can only be redeemed while they are valid
and their expiry dates cannot be extended.
More specifically:
Vouchers
Vouchers that are purchased by registered users are valid
for 3 years after Sale. Vouchers that SOS Music 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.
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 you wish to place, you may
make up the difference by paying via one of our other accepted payment methods.
Voucher may be redeemed against the full retail price of any
product in any SOS Music Store.
If this voucher is defaced in any way, it will be invalid.
Voucher will not be replaced when lost, damaged or stolen.
SOS Music is not responsible for any harm due to the loss,
unauthorised use or unauthorised distribution of a Voucher, after it has
delivered the Voucher to you or the email address nominated by you.
11. Changes to these Terms and Conditions
SOS Music may, in its sole discretion, change any of these
Terms and Conditions at any time. It is your responsibility to regularly check
these Terms and Conditions and make sure that you are satisfied with the
changes. Should you not be satisfied, you must not place any further orders on,
or in any other way use, the Website.
Any such change will only apply to your use of this Website
after the change is displayed on the Website. If you use the Website after such
amended Terms and Conditions have been displayed on the Website, you will be
deemed to have accepted such changes.
12. Ownership and copyright
The contents of the Website, including any material,
information, data, software, icons, text, graphics, lay-outs, images, sound
clips, advertisements, video clips, trade names, logos, trade-marks, designs
and service marks which are displayed on or incorporated in this Website
(“Website Content”) are protected by law, including but not limited to
copyright and trade mark law. The Website Content is the property of SOS Music,
its advertisers and/or sponsors and/or is licensed to SOS Music.
You will not acquire any right, title or interest in or to
the Website or the Website Content.
Any use, distribution or reproduction of the Website Content
is prohibited unless expressly authorised in terms of these Terms and
Conditions or otherwise provided for in law. To obtain permissions for the
commercial use of any Website Content contact our Admin Manager at info@SOSmusic.co.za.
Where any of the Website Content has been licensed to SOS
Music, your rights of use will also be subject to any terms and conditions
which that licensor imposes from time to time and you agree to comply with such
third party terms and conditions.
13. Disclaimer
The use of the Website is entirely at your own choice,
discretion and risk and as such you assume full responsibility for any risk or
loss resulting from use of the Website or reliance on any information on the
Website.
Whilst SOS Music takes reasonable measures to ensure that
the content of the Website is accurate and complete, SOS Music 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. If any such representations or warranties are made by SOS Music’s
representatives, SOS Music shall not be bound thereby.
SOS Music disclaims liability for any damage, loss or
expenses, 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.
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.
Any views or statements made or expressed on the Website are
not necessarily the views of SOS Music, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these
Terms and Conditions, SOS Music 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 SOS Music, its employees, agents or authorised
representatives. SOS Music 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.
14. Limitation of liability
SOS Music 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 SOS Music, 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@sosmusic.co.za or by contacting 0823124934.
SOS MUSIC 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.
YOU HEREBY INDEMNIFY SOS MUSIC 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.
15. Availability and termination
We will use reasonable endeavours to maintain the
availability of the Website, except during scheduled maintenance periods, and
are entitled to discontinue providing the Website or any part thereof with or
without notice to you.
SOS Music may in its sole discretion terminate, suspend and
modify this Website, with or without notice to you. You agree that SOS Music
will not be liable to you in the event that it chooses to suspend, modify or
terminate this Website other than for processing any orders made by you prior
to such time, to the extent possible.
If you fail to comply with your obligations under these
Terms and Conditions, including any incident involving payment of the price of
an order for any Goods, this may (in our sole discretion with or without notice
to you) lead to a suspension and/or termination of your access to the Website
without any prejudice to any claims for damages or otherwise that we may have
against you.
SOS Music is entitled, for purposes of preventing suspected
fraud and/or where it suspects that you are abusing the Website and/or have
created multiple user profiles to take advantage of a promotion or voucher
intended by SOS Music to be used once-off by you, to blacklist you on its
database (including suspending or terminating your access to the Website),
refuse to accept or process payment on any order, and/or to cancel any order
concluded between you and SOS Music, in whole or in part, on notice to you. SOS
Music shall only be liable to refund monies already paid by you (see SOS
Music’s Returns Policy in this regard), and accepts no other liability which
may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with
or without notice to SOS Music.
16. Governing Law and Jurisdiction
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.
In the event of any dispute arising between you and SOS
Music, you hereby consent to the non-exclusive jurisdiction of the High Court
of the Republic of South Africa notwithstanding that the quantum in the action
or proceedings may otherwise fall below the monetary jurisdiction of that
court.
Nothing in this clause 21 or the Terms and Conditions limits
your right to approach any court, tribunal or forum of competent jurisdiction
in terms of the CPA.
17. Notices
SOS Music hereby selects 18 Frank Street, Frank Suites Unit
B(2), Newton Park, Port Elizabeth, 6055 as its address for the service of all
formal notices and legal processes in connection with these Terms and
Conditions (“legal address”). SOS Music may change this address from time to
time by updating these Terms and Conditions.
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 SOS Music not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered
post, telefax or email and must be in English. All notices sent -
by hand will be deemed to have been received on the date of
delivery;
by prepaid registered post, will be deemed to have been
received 10 days after the date of posting;
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
by email will be deemed to have been received 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.
18. Information
For the purposes of the ECT Act, SOS Music’s information is
as follows, which should be read in conjunction with its product descriptions
and other terms and conditions contained on the Website:
Full name: SOS Music CC
Main business: Musical retailer
Physical address for receipt of legal service (also postal
and street address): #18 Frank Street, Newton Park, PE, 6055
Office bearer: Mr Pillay
Phone number: 082 312 4934
Official email address: info@sosmusic.co.za
PAIA: The manual published in terms of section 51 of the
Promotion of Access to Information Act 2000 may be downloaded from here.
19. General
SOS Music 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.
You may not cede, assign or otherwise transfer your rights
and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or SOS Music to enforce any
right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared
invalid, the remaining terms and conditions will remain in full force and
effect.
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.
These Terms and Conditions contain the whole agreement
between you and SOS Music and no other warranty or undertaking is valid, unless
contained in this document between the parties.