The yshop.co.za website (the "Site") is comprised of various web pages operated by yshop.co.za and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference
1. Use of the Y-Shop website
Please note that when you decide to purchase goods the resulting legal contract is between you and the specific shop(s).
These terms and conditions do not affect your statutory rights.
2. Electronic Communications
Visiting yshop.co.za or sending emails to yshop.co.za constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
3. *Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Y-Shop has no obligation to monitor the Communication Services. However, Y-Shop reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Y-Shop reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Y-Shop reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Y-shop's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Y-Shop does not control or endorse the content, messages or information found in any Communication Service and, therefore, Y-Shop specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Y-Shop does not claim ownership of the materials you provide to yshop.co.za (including feedback and suggestions) or post, upload, input or submit to any Y-Shop Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Y-Shop, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Y-Shop is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Y-Shop's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions
Y-Shop reserves the right, in its sole discretion, to change the Terms under which yshop.co.za is offered. The most current version of the Terms will supersede all previous versions. Y-Shop encourages you to periodically review the Terms to stay informed of our updates.
To register with Y-Shop you must be eighteen years of age or over or, if you are a business, you must be operated by a person over eighteen years of age.
Y-Shop does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use yshop.co.za only with permission of a parent or guardian.
It is your responsibility to ensure that the details provided by you on registration and at any time thereafter are complete and accurate.
Your account with Y-Shop is not a credit account and payment will be required upon confirmation of your order.
Each order you place for a product via the Y-Shop website shall be deemed to be an offer by you to purchase the goods specified within it and carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders a day before delivery. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline.
At all times, acceptance of an order takes place on dispatch of the order, at which point the purchase contract(s) will be made between you and the relevant shops(s) and you will be charged for your order. You will receive confirmation by email that your order has been dispatched.
7. Refund Policy
We want you to be completely satisfied with your order. If you’re not, let us know at firstname.lastname@example.org and we’ll make it right.
All products are subject to availability and market conditions.
For each item you order, you may select a substitute in the event that it is not available, request that the shop from which you are purchasing select a substitute for you (this will be the default option unless you specify otherwise), or opt to receive no substitute.
9. Product price
The price of the goods will be the price at the time your order is dispatched.
Where items are sold by weight, the price of these items will be the price on the date they are weighed. Any average weight guides on the website are for guidance only; the weight you receive may vary significantly from this guide and the price you will be charged will be for the weight of the product delivered.
The prices stated on the website are inclusive of any VAT payable.
We will make delivery to your address as stated when you make an order or update that address. If you change address you must notify us so that we deliver to the correct address. Any changes to address details must be made before the order deadlines published on our website.
You are responsible for making suitable arrangements to receive your delivery and for giving us appropriate instructions. In the event that you instruct us to leave a delivery unattended at your address or fail to be present to receive the delivery, we disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
We reserve the right not to deliver to all locations and to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.
If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, we cannot accept liability for any inconvenience or loss that this causes. You will of course not be charged for any goods that are not delivered to you.
You will not be charged for incorrect products or products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability is limited to the price of the incorrect products or the products not so delivered.
11. Defective products
You must inspect the products as soon as possible after delivery and notify us promptly if you find any defects. You will be refunded for any defective products or receive a replacement product. Otherwise our liability is limited as provided in these Terms and Conditions.
You may request a refund once the delivery hour has passed and for 24 hours thereafter. We will investigate the issue and confirm to you whether your request has been successful.
12. Delivery charges
Your order may include a charge for delivery. This will be shown to you as a separate charge before you confirm your order.
Note that payments for Y-Shop services can be processed as follows for now until further update are made;
a) EFT payment – Process an EFT and send us proof of payment (see our banking details). A delivery will take place once payment is reflecting in our account or when a legal proof of payment with a unique payment number from your bank is received.
b) Deposit – process a direct deposit, quote your order/reference number given to you by Y-Shop Staff and send us proof of payment at most convenient time.
c) E-Wallet – Send us an e-wallet and let us know so that we can allocate the unique number to the payment.
d) Contact Y-Shop staff for other alternative payments including cash (Note that we do not promote cash payment for Y-Shop services).
14. Changes to and cancellation of orders
Except where products require additional notice, you may amend or cancel your order at any time a day before delivery. Where products require additional notice, you may amend or cancel your order at any time prior to the deadline specified for ordering those products. We reserve the right to charge you in full for products where amendments or cancellations are made with less than the minimum notice required.
15. No warranty
No warranties or guarantees are given by Y-Shop except as set out in these Terms and Conditions.
The Y-Shop website is provided by Y-Shop without any warranties or guarantees of any kind. You acknowledge that you bear the risks associated with the use of the internet.
While we take reasonable steps to ensure the accuracy of the information accessed via this site, we cannot guarantee or give any warranty as to the accuracy of information or material appearing on it. We have no obligation to verify the content of material supplied by third parties and do not endorse, support, represent or guarantee the accuracy, truthfulness or reliability of any material supplied by third parties. If Y-Shop is informed of any inaccuracies in the material on the website we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
• Technical problems including errors or interruptions of the Y-Shop website;
• Incompatibility of the Y-Shop website with any of your equipment, software or telecommunications links;
• Unsuitability, unreliability or inaccuracy of the Y-Shop website but we will take reasonable care to ensure information there is accurate;
• Errors, viruses, worms or "Trojan horses";
• Inadequacy of the Y-Shop website to meet your requirements.
You agree that we will not be liable to you or any third party for:
• Any direct, indirect, consequential or incidental damages;
• Loss of revenue, loss of profits, loss of anticipated savings, loss of business or wasted expenditure (whether direct, consequential, incidental or indirect);
• Any other loss or damages, whatsoever that arise out of or are related to the Hubbub website.
Our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
We will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
We shall collect, process, store, and transfer your personal data in compliance with the relevant South African data protection legislation and regulation. We shall have no liability to you for loss or damage to data except strictly as required by that legislation and regulation.
Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
You agree to indemnify, defend and hold harmless Y-Shop, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Y-Shop reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Y-Shop in asserting any available defences.
18. Other businesses
Y-Shop has a close working relationship with the shops whose products it makes available for sale on its website. However, the companies do not have any liability for each other's obligations nor are they jointly or severally liable for any legal purposes.
19. Copyright and intellectual property
The Y-Shop website and all materials, copy, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files are protected by copyright, trademarks and other intellectual property rights owned by us or licensed to us.
You may view the content of this website but the content must not be used, reproduced, copied, modified or distributed for any other purpose including or in connection with another website or for commercial purposes without written permission from Y-Shop.
Any links to this website must be notified to and approved by us before they are created.
You may not use the Y-Shop website for any of the following purposes:
• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice
• Gaining unauthorized access to other computer systems
• Interfering with any other person's use or enjoyment of the Y-Shop website
• Breaching any laws concerning the use of public telecommunications networks
• Interfering or disrupting networks or websites connected to the Y-Shop website
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
Y-Shop reserves the right to refuse to post material on the Y-Shop website or to remove material already posted on the Y-Shop website.
You agree to indemnify us against all losses, liabilities and expenses reasonably suffered or incurred by us as a result of your use of the Y-Shop website otherwise than in accordance with the above provision.
21. Termination/Access Restriction
Y-Shop reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise.
We aim to provide the best possible service to you at all times. If you have any comments or complaints, please contact us by telephone on +27 (0) 71 258 5539/ +27 (0) 78 288 6054 or by email at email@example.com
24. Our details
Y-SHOP is a trading name of Y-Shop (Pty) Ltd, registered with company number ... The registered company address is 105 - 14th Avenue Alexandra, Johannesburg, 2090.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these conditions.
If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
These terms and conditions are governed by South African law and the parties submit to the exclusive jurisdiction of the South African courts in relation to any dispute that may arise between them.