1. What you need to know.. (Important Notice)
- These “Terms and Conditions” are important and should be carefully noted.
- If you do not understand these “Terms and Conditions”, it is your responsibility to ask a representative of BIG RED CUPS to explain them to you before you accept them and/or continue using the Website.
- These Website “Terms and Conditions” govern the sale of “Products” (as outlined herein) and the use of the Website.
- These “Terms and Conditions” are binding and enforceable against every person that accesses or uses this Website.
- By using the Website you acknowledge that you have read and agree to be bound by these “Terms and Conditions.”
- These “Terms and Conditions” apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”).
2. Ownership and Copyright
- The contents of the Website, including any material, information, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website are protected by law, including but not limited to copyright and trade mark law.
- The Website Content is the property of BIG RED CUPS, and/or its advertisers, sponsors and the like.
- Any use, distribution or reproduction of the Website Content is prohibited without the express prior written consent of a BIG RED CUPS Representative.
- Where any of the Website Content has been licensed to BIG RED CUPS or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
- 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.
- BIG RED CUPS 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 herein unless otherwise provided by law.
- Any views or statements made or expressed on the Website are not necessarily the views of BIG RED CUPS, its owners, shareholders, directors, employees and/or agents.
- Whilst BIG RED CUPS takes reasonable measures to ensure that the content of the Website is accurate and complete, it makes no representations or warranties, whether express or implied, as to the quality, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
- In addition to the disclaimers contained elsewhere in these “Terms and Conditions”, BIG RED CUPS 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 or any other data which is able to corrupt, destroy, compromise, disrupt, disable, harm and/or jeopardise your computer system, computer network, hardware or software in any way.
4. Limitation of Liability
- BIG RED CUPS 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 BIG RED CUPS 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.
- BIG RED CUPS will take reasonable measures to protect your privacy, and as outlined herein;
- If you register as a Registered User and/or Guests (Guest Check Out) on the Website, we may require you to provide us with personal information which includes but is not limited to your;
– Name and Surname
– Date of Birth
– Email Address
– Physical Address
– Cell Phone Number
- Should your personal information change, you are required to inform us and provide us with your changes to/ and/or new personal information as soon as reasonably possible to enable us to update your personal information accordingly.
- 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. BIG RED CUPS will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is required; in order to comply with applicable law, order of court or legal process served on BIG RED CUPS; and/or to protect and defend the rights or property of BIG RED CUPS.
- We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, for the sale of “Products” or when delivering “Products” to you, and thus need to know your personal information in order to communicate with you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations.
- We will treat your personal information as strictly confidential and take the appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected.
- We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- BIG RED CUPS undertakes never to sell or make your personal information to any third party unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, BIG RED CUPS reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure.
6. Changes to these “Terms and Conditions”
- BIG RED CUPS may, in its sole discretion, change the “Terms and Conditions” or any part thereof at any time and notice of such change in the “Terms and Conditions” will be provided to you, either via email and/will be displayed on 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 updated or amended “Terms and Conditions” have been displayed on the Website, you will be deemed to have accepted such updates or amendments.
7. “Terms and Conditions” of Sale
- Registered Users and/or Guests (Guest Check Out) may place orders for “Products” as long as the “Products” are available and have not been sold out.
- An agreement of sale between you and BIG RED CUPS will come into effect upon completion of payment or payment authorisation being received by BIG RED CUPS and by delivery of the “Products” to you.
- You acknowledge that stock of all “Products” on offer is limited. When “Products” are no longer available BIG RED CUPS will notify you and you shall be entitled to either be credited or refunded for any payments already made by you.
- Whilst BIG RED CUPS will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the “Products” when the “Products” are available.
- All transactions are encrypted using the applicable encryption technologies & expertise.
- Payment can be made for “Products”through and/or via;
- 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.
- Direct bank deposit or EFT; if you pay via direct bank deposit or EFT payment must be made within (3) calendar days of the order being placed.
- Once 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 “Products”.
9. Cancellation and Refund
- You are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act“) entitled to cancel, without reason and without penalty, your order for the “Products” within (7) days of receipt of the “Products”. In such an instance you and/or your:- Will receive a full refund of the purchase price within (30) days of the date of your cancellation of the
– Undertake not to utilise the “Products”;
– Agreement of purchase will be deemed to have been cancelled, and
– you will be liable in terms of section 44(2) of the ECT Act for the direct costs of returning the “Products”, such as courier and/or shipping charges.
10. Returns (General)
- “Products” may be returned only when defective, damaged or if the “Products” supplied are not the same “Products” as what was ordered.
- If the “Products” are not the same as what was ordered this must be reported within(24) hours of delivery. Any damage must also be immediately reported, within (24) hours of delivery.
- If you are returning “Products” via courier or post office you must package it carefully so that it does not become damaged enroute.
- Nothing in this clause (13) or the Terms and Conditions in any way limits your rights in terms of section 56 read with section 55 of the CPA in any way.
11. Governing law and jurisdiction
- These “Terms and Conditions” 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.
- Nothing in this clause (14) or the “Terms and Conditions” limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.