Terms and Conditions

1. Online Stuff (Pty) Ltd. (hereafter "Online Stuff") is a private company registered in South Africa under registration number 2009/008750/07.
2. Online Stuff are not responsible for typographical errors. Online Stuff reserves the right to cancel any order you have placed if there was a typographical error on any of the Online Stuff stores concerning the pricing or availability of any item you ordered when you placed the order.
3. Online Stuff reserves the right to change the terms and conditions of sale of any of the Online Stuff stores at any time.
4. Online Stuff may make changes to any products or services offered at any of the Online Stuff stores, or to the applicable prices for any such products or services, at any time, without notice. The information provided at any of the Online Stuff stores with respect to products and services may be out of date, and Online Stuff makes no commitment to update the information provided at any of the Online Stuff stores with respect to such products and services.
5. Online Stuff reserves the right to do any of the following, at any time, without notice:  (a) to modify, suspend or terminate operation of or access to any of the Online Stuff stores, or to any portion of any of the Online Stuff stores, for any reason; (b) to modify or change any of the Online Stuff stores, or any portion of the Online Stuff stores, and any applicable policies or terms; (c) and to interrupt the operation of any of the Online Stuff stores, or any portion of the Online Stuff stores, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
6. It is the sole responsibility of the Customer to determine that the goods or services ordered from any of the Online Stuff stores are suitable for the purpose of intended use.
7. The risk of damage to or destruction of goods is passed to the Customer on signature of the delivery receipt upon delivery to the Customer or the Customer's nominated representative and the Customer undertakes to insure the goods fully.
8. To the extent permitted by law, all sales at any of the Online Stuff stores are governed by South African law, without giving effect to its conflict of law provisions.
9. The Customer acknowledges all copyrights, and shall not duplicate copyrighted material under any circumstances.
10. It is the duty of the Customer to return any defective goods to the premises of Online Stuff, within 7 (seven) working days, at the Customers own expense.
11. Any order is subject to cancellation by Online Stuff due to force majeure from any clause beyond the control of Online Stuff, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
12. All guarantees are immediately null and void should any equipment or product be tampered with or should the seals on it be broken by anyone, or should there be any signs of abuse, or should the goods be operated outside the Manufacturers specifications.
13. Under no circumstances will Online Stuff be liable for any consequential or indirect damages or loss of profit or for any delictual liability of any nature whatsoever.
14. Under no circumstances will Online Stuff be liable for any damage rising from any misuse or abuse of the goods.
15. Any printout of computer evidence tendered by Online Stuff shall be admissible evidence and no party shall object to the admissibility of such evidence purely on grounds that such evidence is computer evidence.
16. All goods supplied by Online Stuff remain the property of Online Stuff until such goods have been fully paid for, and such payment be verified as successfully received in the company bank account.
17. No Online Stuff employee or agent has the authority to vary any of the Online Stuff store's policies or the terms and conditions governing any sale.
18. If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.
19. Online Stuff’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by Online Stuff of any provision or any right it has to enforce these policies, nor shall any course of conduct between Online Stuff and you or any other party be deemed to modify any provision of these policies.
20. The Customer shall be liable to Online Stuff for all legal expenses (including collection fees) on the attorney own client scale incurred by Online Stuff in the event of (a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this agreement. The Customer will also be liable for any collection or valuation fees incurred.
21. These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.
22. By interacting in any way on any of the Online Stuff stores or websites, or by placing an order on any of the Online Stuff stores, the Customer warrants that he/she: (a) has made himself/herself fully aware of these terms, (b) fully understands these terms, and (c) accepts these terms.

Pricing Policy

The prices of products advertised for sale on the Site are as set out on the Site, errors and omissions excepted. All prices are in (R) Rand, exclusive of VAT at the current rates, excluding delivery charges. Delivery charges will be clearly set out when you place your order and will be added to the total amount due once you have selected a delivery service from the options available. Prices and delivery charges displayed are valid and effective only in South Africa.

Prices may change at any time prior to acceptance of your order.

In the unlikely event that the price of an item has been incorrectly advertised on the Site, We will usually contact you to ask whether you wish to proceed with your order at the correct price. If you are not happy to proceed, or We are unable to obtain your instructions, We will cancel your order and any sum debited by Us from your debit/credit card will be refunded in full to the same card. We will not be obliged to supply products at the incorrect price.

Age Restrictions

Warning: It is an offence to attempt to buy a certificated title if you are under the required age or to attempt to purchase any such title on behalf of an under age third party.

Persons placing orders for the purchase of products on the Site, confirm that they are of the appropriate age to receive and view the specified certification of the title(s) so ordered.

Any person ordering a product for a third party hereby certifies the intended recipient of the order is of the appropriate age to receive and view the specified certification of the title(s) so ordered.

We reserve the right not to supply any age-restricted product where We reasonably believe that a customer is below the relevant minimum age.

Product Information

We have taken reasonable steps to display as accurately as possible the pack shots, product descriptions, screen shots, specifications and other detailing of Our products in the images that appear on the Site. All detailing of products is subject to change and may not represent the finished product.

Offers cannot be used in conjunction with any other offer (online or otherwise). We reserve the right to restrict offers to one purchase per household at our discretion. All offers are subject to availability while stocks last. Offers may be withdrawn without any notice.

The feature on the Site of a product does not constitute a guarantee of its availability. Products, prices and technical requirements are subject to change at any time without notice.

Please note that the Site stocks PAL South Africa games, consoles, accessories and region 2 Discs only.

Pre-owned Items

You can purchase pre-owned software and hardware with confidence through the Site. Most pre-owned software and hardware comes boxed with instructions and is fully tested. We cannot guarantee the condition of pre-owned products; they may appear slightly blemished. However, all pre-owned stock is checked, and where necessary reconditioned, prior to being put on sale on the Site.

Pre-released orders 

These are orders for items that have not yet become available. You will be able to make a pre-released order using the Site. Release dates are set by the manufacturers and are subject to change. As a result We are not liable for any changes to a pre-release date advertised by Us.

Pre-release orders will be supplied at the price applicable at the time of order, or the price applicable when your order is processed prior to dispatch, whichever is lower.

Distributors Rights

You agree to be bound by any terms and conditions imposed by the distributor or producer of any product or service or any other copyright material and in particular you must not: 

(a) make copies of material supplied to you by us for sale or rental or for any other reason whatsoever; or 

(b) show any copyright material in a public place or for profit.

Fraud Protection

We reserve the right to request positive identification from you before processing an order or sale.  In cases where there is reasonable suspicion, we reserve the right to use your information to do an ITC and/or background check.

Should it be evident that false information were provided we will immediately cancel your order, and forward details of your transaction to the Commercial Fraud Unit of the SA Police.

Subscription

We will grant you access on the basis that:

Your username and password are personal to you and may not be used by anyone else. You agree that you will keep your password secret and will notify us in the event that you become aware that it is no longer confidential, is being used by an unauthorized person or in violation of this Agreement.

You will not do anything which would assist anyone who is not a registered user to gain access to any part of the website. If for any reason, we consider that you have not complied with any of these terms and conditions, we may, at our discretion, cancel your access to the website immediately without giving you any advance notice and cease the Agreement.

When you finish your subscription registration as a personal user of the web site we hereby grant you a sole, non-transferable, non-exclusive license to access the web site to use the services. Access is via your username and password.

Use of Information

We authorize you to view and use our web site in agreement with these terms and conditions. You may download and/or print a copy of the information on our web site for your personal, non-commercial use only. We do not authorize you to reprint or electronically reproduce any information contained on our web site in whole or in part for any other reason. Should you desire to do so, you must obtain the prior written consent of the copyright holder(s). You may contact us with your request and to find out who is the copyright holder of the information you wish to reproduce at the contact information shown at the end of these terms and conditions.

The information contained on our web site is protected by copyright. Some or all of the information accessed through our web site is also protected by copyright. Title to the information contained on or accessible through our web site stays with us, our licensors and others. Any use, including misuse, by you of our web site or information accessible through our web site is a breach of these terms and conditions, may violate copyright, trademark and other laws and may infringe on the rights of third parties.

We reserve the right to amend, discontinue and otherwise change our web site, the information contained in our web site and our links to other web sites in our sole discretion and without notice to you.

Disclaimer of liability

Online Stuff and all of its subsidiary sites does not give any guarantee as to the availability, accuracy, completeness, currency or reliability of the information and material published on any of our sites and expressly disclaim (to the maximum extent permitted by law) all liability for any damage or loss resulting from your use of or reliant on the information and material published.

Online Stuff exclude our liability for fraud, for death or personal injury, whether caused by our negligence or by any customer or person interacting with one or all of our websites that we create, manage or have written code for, or for any other liability to the extend of the applicable law. Subject to this, our liability to you in relation to the use of our website and or services or under or in connection with this disclaimer, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

1. to the extent that the website and the information and services on the website are provided, we will not be liable for any loss or damage of any nature;
2. we will not be liable for any consequential, indirect or special loss or damage;
3. we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.

Responsibility for Losses or Damages or Delays

Online Stuff, its directors, employees or agents, directly or indirectly associated with the company, will not be in any way responsible for losses, damages or delays caused by or arising from vis major (a natural disaster) causus fortuitus (an unavoidable accident) or acts of the State’s enemies, riots, lockouts, cessation of labour, transport delays, shortened hours of labour, accidents of any kind, insurrection, war, whether declared or not, the imposition of any trade boycotts or sanctions of trade restrictions by any government, authority, company or organization or person or persons, whether within the Republic of South Africa or anywhere else, or any other cause or contingency whatsoever beyond the control of Online Stuff, whether eiusdem generis (of what was clearly the real intention between the parties) with the causes aforementioned or not.

Refunds and Returns Policy

Refer to the relevant Refunds and Returns Policy related to each store.

Advertisements and Links to Other Sites

Our web site may contains links to content which has not been prepared by us. These links are given for your convenience only. We do not manage these third party web sites and we do not control, nor are we responsible for, the content, products offered therein or performance of the web sites or your use of and business with them. Any views or opinions contained on or expressed in these web sites are those of the author(s) alone, and do not reflect our views, opinions, or those of our management. Our insertion of links to these web sites does not imply that we endorse the site, author or products, nor agree with any of the information, materials, views, opinions, conclusions or recommendations contained on these third party web sites.

Availability of our website

We will try to make our website available but cannot guarantee that all our sites will function continuously or without interruptions or is error free and can accept no liability for its unavailability. You must not try to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.

Enforcement of Terms and Conditions

By accessing and using any Online Stuff web site, you agree that your access to and use of this web site is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of South Africa.

Last Updated: 2012/01