Terms and conditions Welcome to the Awerbuchs website at www.Awerbuchs.co.za. The website is owned by Awerbuchs, registration number 2007/003525/06 (“Awerbuchs”). Awerbuchs provides the information contained on this website and the pages comprising the website (“Website”) and advertises and sells the products to you, subject to these Terms and Conditions. Please read these Terms and Conditions carefully and should you have enquiries, please email info@Awerbuchs.co.za There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms and our Online Privacy Notice govern your use of this Website.
1. Acceptance These website terms and conditions (“Website Terms”) apply to your use of the Awerbuchs website at www.Awerbuchs.co.za (the “Website”). You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you are not in agreement with the Website Terms, please discontinue usage of this site.
2. Accuracy of Content of the Website Awerbuchs has taken all reasonable steps to ensure that each product described or depicted on this website and any other information (such as pricing) displayed on the website is current, complete and accurate. However content errors may occur. For this reason and if the law allows it, the information displayed on our website is provided without any guarantees, conditions or warranty as to its accuracy. Some descriptions or photographs of products and packaging may be of a generic nature and not specific to the particular product you wish to buy. If you are uncertain about information on a product advertised on this website, please send an email to firstname.lastname@example.org and we will gladly assist you.
3. Website Registration As an unregistered user you will be able to browse the products displayed on the website. If you do not have a username and password you will be required to register on the website. Registration requires filling in a short form which will create login details. Password/Account Security Consumers are responsible for maintaining the confidentiality of their password or account and any activities that occur under your account. Awerbuchs shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
4. Accuracy of content To the extent permitted by applicable law, Awerbuchs disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Awerbuchs or any of its group companies.
5. Your Personal Information The Website Terms supplement (and are in addition to) the terms of our Online Privacy Notice. Our Privacy Notice explains what personal information we collect about you when you use the Website, and you can view our Privacy Notice online by clicking here. Please note that when you agree to these Website Terms you shall be deemed also to have read, understood and agreed to our Privacy Notice in its entirety.
6. Pricing We will take all reasonable efforts to ensure that prices reflected on the website are accurate. Prices are quoted in South African Rand and include Value-Added Tax (VAT). Special promotions may be limited to separate offer conditions and stipulations.
7. Card Processing
Awerbuchs shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=
Payment options accepted
Payment may be made via Visa, MasterCard, Zapper, Paypal, or by bank transfer into the Awerbuchs bank account, the details of which will be provided on request.
Card acquiring and security
Card transactions will be acquired for Awerbuchs via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by Awebuchs separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Awerbuchs takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Country of domicile
This website is governed by the laws of South Africa and Awerbuchs chooses as its domicilium citandi et executandi for all purposes under
this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Awerbuchs may, in its sole discretion, change this agreement or any part thereof at any time without notice.
This website is run by Awerbuchs (sole trader / private company / close corporation) based in South Africa trading as Awerbuchs and with registration number 2007/003525/06 and Grove' Family
Awerbuchs contact details
Company Physical Address: Faan Ferreira Ave, Spitskop Small Holdings, Bloemfontein, 9301
Products displayed on this website are subject to availability in store at the time.
9. Disclosures required in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002 o Full name: Awerbuchs Bargain House o Physical address: Faan Ferreira Ave, Spitskop Small Holdings, Bloemfontein, 9301 o Telefax number: (051) o Telephone number: (051) 447 9097 o Website address: http://www.awerbuchs.co.za o Email address: email@example.com o Registration number: 2007/003525/06 o Country of incorporation: South Africa o Managing Director and Chief Executive Officer: Directors: Grove' Family Group Secretary: o Physical address for receipt of service: Faan Ferreira Ave, Spitskop Small Holdings, Bloemfontein, 9301 o Awerbuch’s is a member of the following self-regulatory or accreditation bodies: Advertising Standards Authority (their Code of Conduct can be accessed on http://www.asasa.org.za/Default.aspx?mnu_id=11) and the Direct Marketing Association (their Code of Conduct can be accessed on www.dma.sa.org).
10. Copyright and Intellectual Property Rights Copyright and all intellectual property rights in all materials, texts, drawings, graphics, logos, icons and any data made available on this website (collectively “the materials”) are owned by Awerbuchs or its content suppliers and thereof protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights. You may only use the materials or any component thereof for your information purposes or for the purposes of ordering products from Awerbuchs. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Awerbuchs. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Awerbuchs.
11. Links to other websites External links are provided for your convenience, but they are beyond the control of Awerbuchs and no representation is made by Awerbuchs as to their content, source or any risks that may incur through linking to other websites. Use or reliance on any external links provided is at your own risk and we accept no liability in respect of such use. When visiting external links you must refer to the external terms and conditions of use. You may not link to this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of Awerbuchs.
12. Use of Website Only you and Awerbuchs shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms. We may in our sole discretion at any time suspend or terminate the operation of the website without prior notice to you and without the need to give you reasons for such termination.
14. Entire Agreement These Website Terms and our Privacy Notice, set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
15. Other Legal Notices
Awerbuchs shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be excluded from the agreement between us and the remaining provisions of these Terms shall remain in full force and effect. Should Awerbuchs be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Awerbuchs is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that such event continues for more than 14 days after it has first occurred then Awerbuchs shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An event outside the control of Awerbuchs shall mean any event or circumstance whatsoever which is not within the reasonable control of Awerbuchs including, but not limited to, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities. These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith. For purposes of calculating any time periods GMT +2 shall be used. Awerbuchs Physical Gift Cards The bearer of the Gift Card may use the Gift Card to purchase merchandise from any participating Awerbuch’s Store. The Gift Card is valid for a period of 3 (three) years from date of activation or upon full redemption thereof, whichever occurs earlier. However, if and where such gift card has been topped-up, then it will remain valid for a period of (3) three years from date of top-up or upon full redemption thereof, whichever occurs earlier – irrespective of the date of activation. The Gift Card may not be: - used for the payment of an Awerbuchs account; - exchanged for cash; or - used to purchase airtime. - no cash change will be given on purchases made with the Gift Card. - for security reasons, this Gift Card should be kept in a safe place as; if stolen, it may still be used to make purchases.
Lost or Stolen Gift Cards will not be replaced or refunded. However, should you be in possession of the gift card number, you can call the Awerbuchs Gift Card Centre on 0860 692 274 to report it lost or stolen, we will then block the remaining amount on the Gift Card and transfer it to another Gift Card, available when you next visit an Awerbuch’s Store. - Gift Card balances can be checked as follows - In-store at a till point - Or by calling the Awerbuchs Gift Card Call Centre on 0860 692 274
Electronic Gift Cards An electronic gift card is an SMS version of the current gift card and the above T&C’s apply, in addition to the following; - Should you not utilize the full value of your Electronic gift card on your first purchase, the balance will be transferred to a physical gift card. - The Electronic Gift Card cannot be topped up nor be SMS’d to someone else. - Should the Electronic gift card be deleted or the Customer’s cellphone lost/stolen with the Awerbuchs Gift Card, Awerbuchs will be not be liable for any reimbursement of any nature. SMS can be resent, but only to the original number. - The usage of the Electronic gift card is solely at the risk and discretion of the Customer - Awerbuchs will not be held responsible for any cellular network service operator’s delay in forwarding an
Electronic Gift Card to you The Electronic gift card will only be accepted if a valid Electronic gift card number in SMS format is presented to the Cashier
Availability of Products From time to time, some Products may be out of stock or are unavailable and we may not be able to fulfill all or part of your Order. If this happens, we will refund you the price paid for the Products impacted. We may withdraw or suspend from sale any Product displayed on the Website, either temporarily or permanently, at any time. Awerbuchs Online will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Product. Where a Product which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Product has already been processed, we will refund any money paid to you. Awerbuchs reserves the right not to honor any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error and Awerbuchs will fulfill the remainder of your Order. If you are not satisfied with the partial fulfillment of your Order, you can return your Order to us under the
Returns Policy. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us. You acknowledge and agree that: all pictures and images of Products displayed are for illustrative purposes only; • any accessory featured with the Products is for illustrative purposes only, and may be sold separately; and • where we provide dimensions and measurements in the description of a Product, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Product is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Product).