ACSI e-Commerce Terms and conditions
Except as otherwise agreed in writing, all online purchases and transactions for the supply of the Products by ACSI shall be subject to these standard terms and conditions of sale, including the Policies (collectively, the “Terms and Conditions”), as well as the ACSI Website Terms and Conditions. These terms and conditions will be subject to the CPA and the Credit Act, to the extent that they are applicable to the supply of any Products by ACSI.
- “Affiliate” means any person, firm or corporation which is a subsidiary, parent or affiliate of ACSI or the successor to ACSI by a merger or by a transfer of a substantial amount of ACSI’s assets;
- “CPA” shall mean the Consumer Protection Act 68 of 2008;
- “Credit Act” shall mean the National Credit Act 34 of 2005;
- “Customer” shall mean the person, natural or otherwise, who purchases the Products from ACSI under these Terms and Conditions and shall include any ultimate end user of the Products;
- “ACSI” shall mean Association of Christian Schools International, all Affiliates and all trading divisions and outlets thereof including Purposeful Design
- “On-Line Portal” means purchases made though the online sales platform currently available at www.acsi.co.za and www.acsi.org.
- “Policies” means the various ACSI policies which form part of these Terms and Conditions and which may be updated from time to time.
- “Products” shall mean all items including services presently being sold or supplied online by ACSI by way of the On-Line Portal including but not limited to books, DVDs, MP3 and pod casts
- “Returns” means any return of any Product whether it be for an exchange or a refund, and irrespective of the reason for the return.
- The Customer shall be bound by these Terms and Conditions in all transactions relating to the purchase of the Products using ACSI On-Line Portal.
- ACSI reserves the right at all times to reasonably decline any order and/or to suspend delivery and/or to decline to supply the Products to the Customer.
- The payment terms are set out in the Payment Policy.
- Subject to the Credit Act, all accounts shall accrue interest at the rate as set out in the Credit Policy and ACSI Terms and Conditions.
- Subject to the CPA, and although ACSI will endeavour to deliver the Products according to the Customer’s requirements, ACSI will not be bound to such delivery requirements of the Customer and accordingly ACSI shall not be liable in any manner whatsoever for a failure or delay in delivery of Products.
- ACSI shall at its discretion be entitled to effect and invoice for part deliveries.
- This clause shall be read together with the terms set out in the Delivery Policy.
- Irrespective of the type of transaction, ACSI hereby reserves its rights to ownership of the Products until fully paid for by the Customer.
- In order to give effect to paragraph 6.1, the Customer shall ensure the Products remain movable property, severable from any other movable or immovable property to which the Products may be attached.
- On delivery of the Products to the Customer, the risk in and to the Products shall pass to the Customer notwithstanding that ownership in the Products remain vested in ACSI until full payment has been made by the Customer.
- ACSI agrees to returns and exchanges of Products provided that the following provisions shall be applicable, as well as those set out in the Delivery Policy and Returns Policy:
- Returns of Products to any physical outlet will be free, provided that the relevant outlet stocks the purchased Product.
- In instances where the services via the South African Postal Office (SAPO) or by Courier are used to facilitate the return of Products, the Customer shall be fully responsible for payment of any fees or expenses for such returned Products;
- The Customer shall not be refunded for any delivery cost under any circumstances;
- Any refund or credit will only take place once ACSI has received and processed the return of the Products;
- ACSI shall have the discretion to refund the Customer by any appropriate means including cash, a gift card (electronic or otherwise) or by crediting the relevant Customer account or applicable credit or debit card.
- ACSI makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the Products, and all conditions and warranties whatsoever, whether implied or otherwise, are hereby expressly excluded.
- ACSI shall not incur any liability of whatever nature arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the Products.
- The Products supplied by ACSI shall be suitable only for the purpose designed and intended and the Customer shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and proper manner, and where applicable, in a manner consistent with the instructions given by ACSI.
- No action or claim of whatever nature shall lie against ACSI arising out of or in connection with any defects in, or unsuitability of, any Products.
- Without derogating from the generality of any of the provisions hereof, ACSI and its Affiliates shall not at any time be liable for any claims of whatsoever nature and howsoever arising for any direct, indirect or consequential loss or damage which may be sustained by the Customer in connection with the use of the Products and the Customer hereby indemnifies and agrees to defend and hold harmless ACSI and its Affiliates against all such claims.
PROHIBITION OF SET OFF
- The Customer, to the extent allowable in terms of the CPA, waives any right of set off the Customer might have against ACSI in respect of any amount which may now or in the future be or become owing by ACSI to the Customer. The Customer agrees and acknowledges that it shall not be entitled to advance the defence of set off or mutual extension of debts or counter claim in any proceedings which ACSI may bring against the Customer for the enforcement of its rights whether in respect of credit facilities extended by ACSI to the Customer or otherwise.
- Any claim the Customer may at any time have arising wholly or partially out of or in connection with the disposal by it of the Products, or certain of them, shall be deemed to have been ceded to ACSI as security for the Customer’s obligations hereunder.
- In all transactions with the Customer, any clauses or conditions contained in or forming part of the Customer’s documents shall not amend or modify these Terms and Conditions and ACSI shall not be bound thereby.
- These terms and conditions shall supersede any conflicting clauses or conditions whether verbal or contained in any of the Customer’s documents.
- Any credit extended to the Customer shall be subject to the ACSI Terms and Conditions.
- No indulgence which ACSI may grant to the Customer shall in any way be deemed to affect, prejudice or derogate from the rights of ACSI nor shall such indulgence constitute a waiver or novation of any of the rights of ACSI who shall not thereby be precluded from exercising any rights against the Customer which may have arisen in the past or which may arise in the future.
- ACSI and the Customer agree to keep any confidential information that they receive from one another confidential by using the same degree of care that they would use to protect their own confidential information. ACSI will not disclose the Customers confidential information to anyone else, unless the Customer gives its consent to ACSI to do so. The Customer must do the same with the confidential information about ACSI. ACSI can, however, disclose the Customer’s confidential information to ACSI employees, professional advisors and contractors who need to know and use the information in order to perform their obligations in terms of these Terms and Conditions.
- Should the Customer fail to make any payment to ACSI under any contract or should the Customer be in breach of any of the provisions of these Terms and Conditions and fail to remedy such breach within 7 (seven) days after receiving a written demand that it be remedied, ACSI shall be entitled, without prejudice to any alternative or additional right of action or remedy available to ACSI , to cancel any contract with the Customer with immediate effect.
- In the event that any legal action is taken or any amount remains outstanding and ACSI instructs attorneys to recover such unpaid costs, the Customer shall be liable for all legal costs incurred by ACSI in this regard.
- These Terms and Conditions, and all transactions relating to the purchase of Products using the ACSI On-Line Portal shall be governed in all respects by, and shall be construed and interpreted according to the laws of the Republic of South Africa.
- Subject to the CPA, the Customer also agrees and consents in terms of Section 45 of the Magistrate’s Court Act (“the MCA”) to the jurisdiction of a Magistrate’s Court having jurisdiction in respect of the Customer or the claim in terms of Section 28 of the MCA in respect of any proceedings or claims or action being instituted against the Customer by ACSI in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrate’s Court, provided that ACSI may in its discretion be entitled to bring such proceedings in any other court of competent jurisdiction, the Customer agreeing and submitting itself to the jurisdiction of the South Gauteng Division of the High Court of South Africa or any other division of the High Court of South Africa chosen by ACSI in the event of ACSI exercising its rights in terms hereof.
Address for service of legal process
- The Customer chooses its domicilium citandi et executandi at the shipping or delivery address as reflected in the invoice for the Products , failing which, any other physical address of the Customer.
- This Delivery Policy forms part of and should be read together with the Terms and Conditions. Please note that in certain circumstances a delivery option may not be available to a Customer due to factors beyond the reasonable control of ACSI.
- Delivery methods for deliveries from ACSI will include 1) Direct to an ACSI school, 2) via the South African Post Office (“SAPO”) or, 3) by Courier to the Customer’s chosen delivery address.
- Delivery methods for deliveries from ACSI 1) Direct to a school, 2) Economy Door to Door or 3) Express Door to Door.
- When effecting delivery at the customer’s premises or such other premises as nominated by the Customer, the Customer shall be responsible for receiving, unloading and checking the Products in the presence of the ACSI representative making delivery.
- Delivery of the products at the shipping or delivery address nominated by the Customer shall constitute good delivery. Any acknowledgement of receipt by the Customer or any authorised representative or employee of the Customer, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery.
- If, on the instructions of the Customer, the Products are delivered to a carrier for delivery to the Customer, delivery to the Customer shall be deemed to have been duly effected on delivery to the carrier who shall at all times be and remain the Customer’s agent for purposes of these Terms and Conditions.
- In the event of short delivery, the Customer shall forthwith upon delivery endorse ACSI’s copy of the delivery note specifying details of the short delivery and thereafter within three (3) days of such delivery the Customer shall lodge a claim with ACSI in respect of such short delivery.
- In the event that the Products are delivered in a damaged or defective state, the Customer shall forthwith upon delivery endorse ACSI’s copy of the delivery note detailing the damage or defects to the Products and the Customer shall within seven (7) days of such delivery notify ACSI of such damage or defects in the Products delivered, following which the Returns Policy shall be followed.
- On compliance by the Customer with the requirements of this Delivery Policy, and provided ACSI agrees with the information supplied by the Customer, ACSI will or may apply for a credit, subject to the provisions of the Returns Policy.
- Subject to the CPA, and notwithstanding the provisions of this Delivery Policy, ACSI shall not be liable to the Customer for any loss or damage occasioned by reason of the circumstances set out above.
- A flat rate to deliver your order to you will be charged. This will escalate reasonably from time to time.
- The order will take around 1 to 7 working days to be delivered to the chosen delivery address, depending on the location and method of delivery. The order can be tracked on the ACSI Website or in store or by contacting ACSI offices on 011 452 0406
- Although reasonable care shall be taken, ACSI accepts no responsibility whatsoever for incorrect delivery details or, if an unauthorised person at the delivery address, accepts delivery of the order and Products.
- For purposes of this clause, ” ACSI” shall include any Affiliate, agent or independent contractor who may effect delivery on behalf of ACSI, which shall also include the South African Postal Office service or a courier service provider.
- This Returns Policy forms part of and should be read together with the Terms and Conditions and includes the ACSI general in store returns and refunds policies. Please note that in certain circumstances a returns option may not be available to a Customer due to factors beyond the reasonable control of ACSI.
- Returns of all Products can occur in one of the following ways, namely (1) directly to an ACSI outlet , (2) via the SAPO or, 3) by Courier.
- In Store return: when returning products to an ACSI outlet or a store directly, the customer will follow the usual In Store Return Process. The Customer will be required to furnish proof of purchase (invoice or delivery note), produce the card utilized (credit, cheque or debit card) and the normal in store return conditions shall apply. Please note that Products from one brand or division of ACSI may not be returned to another division (for example, Purposeful Design USA on-line may not be returned to an ACSI SA outlet or store and vice versa).
- SA Post Office (“SAPO”) return: when returning Products via the SAPO, the Customer must first register a return with the ACSI office directly. A reference number and a return address will be issued to the Customer, as well as an estimated credit value. The Customer must insert the merchandise into appropriate packaging, pay the SAPO for the return costs and hand the package in at the appropriate SAPO counter. The estimated credit value is subject to change based on the condition of the returned Products once received by ACSI.
- Courier return: when returning Products via Courier, the Customer must first register a return with the ACSI office directly. A reference number and a return address will be issued to the Customer. The Customer must then insert the Products being returned, into appropriate packaging and this will be collected by the Courier in accordance with the instructions received from ACSI. The courier charge will be deducted from the return credit. While the ACSI system will reflect an estimated credit value before the return is concluded, this estimated credit value is subject to change based on the condition of the returned Products once received by ACSI.
- Refunds will occur as follows:
- For In Store returns, EFT and cash purchases will be refunded via a gift card or cash. Account payments will be refunded via a credit to the relevant Customer account. Gift card purchases will be refunded by the issue of another gift card to the value of the credit. Credit and debit card will be refunded to the applicable card.
- In the event that the return occurred via the SAPO or Courier, if the Customer purchased the Products using a credit, cheque or debit card, then the applicable card will be credited with the refund. EFT and cash purchases will be refunded via an electronic gift card only. If an ACSI account was utilized for the purchase, a refund will be credited to the relevant account. Gift card purchases will be refunded through the issuing of an electronic gift card to the value of the credit.
- In the unlikely event of a non-collection from SAPO or a non-delivery from the courier, the Products being returned will be sent to the ACSI returns process facility. All Products returned via SAPO or Courier shall also be sent to the ACSI returns facility.
- In the event a Customer fails to collect an order of Products at a chosen ACSI store, successive reminders to the Customer to collect the Products will be sent. If the Customer fails to collect the Products purchased within 21 (twenty one) days, ACSI reserves the right to sell the Products to defray expenses and no refund may be paid.
- ACSI does not accept any responsibility if an employee or representative at the Customer’s chosen address accepts delivery of the Products and is not authorized to do so, or does so under false or fraudulent circumstances.
- In the event of 2 (two) failed attempts to deliver the order of Products to the Customer at the chosen delivery address, the Products shall be returned to ACSI and the sale shall be reversed. The costs of the delivery/s and return of the Products shall be deducted from the credit due to the Customer.
- In the event of non-collection of the Products from the SAPO or from one of the ACSI stores, the Products shall be returned to ACSI. The costs of the delivery and of the return of the Products to ACSI shall be deducted from the credit due to the Customer. In the circumstances, ACSI shall also not refund the cost of the Products, and the Products shall be sold to recover expenses incurred. It is to be noted that ACSI is an Education business and that it may not be able to recover the full cost or even part thereof.
- Where the Customer has elected to pay cash on delivery and receive the Products ordered at one of the ACSI stores, if the Products are not collected within 10 (ten) days, the sale will be cancelled.
- The Credit Policy forms part of and should be read together with the Terms and Conditions.
- The terms of the Credit Policy will be as set out in the Credit Application form and in the ACSI Credit Card Terms and Conditions, as amended and updated from time to time.
- This Payment Policy forms part of and should be read together with the Terms and Conditions, and is subject at all times to ACSI’s agreements with its bankers and the outsourced financial transactions service provider.
- There are six different payment options including payment by way of a credit, cheque or debit card, using your ACSI Money Account, using an electronic ACSI gift card, by EFT and by cash. Cheques will not be accepted under any circumstances.
- If the EFT payment option is used, this can take up to seventy two (72) hours depending upon the relevant bank. Please note that if payment is not received within seventy two (72) hours, the order will automatically be cancelled.
- Only in the event of the use of a gift card can more than one payment type be used to complete an order and in this instance the customer is entitled to top up the payment with a credit or debit card, or with an ACSI Money Account.
- With regard to gift cards the following is also relevant:
- Gift cards are valid for thirty six (36) months from the date of purchase thereof. Gifts cards will also be redeemable online.
- The value thereof is redeemable for Products (not cash) at any ACSI store.
- ACSI accepts no responsibility in the event that due to an error or oversight on the part of the Customer, or for any reason, the gift voucher is used by a third party.
- ACSI prescribes to high security and encryption standards allowing all customers to shop with peace of mind. It is also to be noted that it is the strict policy of ACSI, and ACSI takes all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.
- A Registered User agrees that:
- You will not post on the Service, or transmit to other Registered Users, or otherwise communicate, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
- Furthermore, you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else’s right to privacy or providing or creating computer viruses.
- You will use the Service in a manner consistent with any and all applicable local, provincial, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of, any country whose goods the United States has embargoed, or which the United States has (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
- You will not provide inaccurate, misleading or false information to the Company or to any other Registered User. If information provided to the Company, or another Registered User, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.
- You will only create one unique account with the Service. You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You will promptly report to the Company any violation of the Terms of this Agreement by other Registered Users. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service.
- The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other Registered Users that are not readily accessible to the general public will be treated as private by the Company to the extent permitted by applicable law.
- Proprietary Rights
- The Company owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees.
- In addition, other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted.
- Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company and other Registered Users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
- Rating-System.com PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND. Rating System does not warrant that your use of the Service will be secure, uninterrupted, or always available.
- We may terminate your account at any time, for any reason, or for no reason.
- If you violate this agreement or remove “Powered by” section (applied for unpaid customers only) you agree that we might service you advertisement.
- Limitation of liability
- Rating-System.com shall not be responsible for any injury or damages resulting from the use or misuse of any of its services.
- IN NO EVENT SHALL Rating-System.com or ACSIBE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR WARRANTY OF ANY KIND, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS.))