Powertoys.co.za
Official South African distributor of
The Original Powerball

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The Next Step Divisions:

www.boardgames.co.za

www.powertoys.co.za
 

 

 

OUR TERMS & CONDITIONS - VERSION 1.1

1. COPYRIGHT
1.1. Copyright 2004 © The Next Step Trading CC, 54 Antigo Falls, Lingerette St, Sunninghill, South Africa, 2157. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact Fabio Salvador at +27 83 652 4042 or e-mail fabios@powertoys.co.za.
1.2. Users may download, view and print content from this site for private and non-commercial purposes only.
1.3. All moral rights of The Next Step Trading CC and its employees/agents are reserved.
1.4. The Next Step Trading CC cannot screen or edit all the content available from the The Next Step Trading CC site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform The Next Step Trading CC of any content that may be offensive or illegal.

 

2. INTELLECTUAL PROPERTY RIGHTS
2.1. All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to The Next Step Trading CC and as such are protected from infringement by local and international legislation and treaties.

 

3. ELECTRONIC COMMUNICATIONS
3.1. When a user visits The Next Step Trading CC or sends e-mails to The Next Step Trading CC, that user consents to receiving communications from The Next Step Trading CC electronically and agrees that all agreements, notices, disclosures and other communications sent by The Next Step Trading CC satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

 

4. HYPERLINKS
4.1. Hyperlinks provided on this site to non-The Next Step Trading CC sites are provided as is and The Next Step Trading CC does not necessarily agree with, edit or sponsor the content on such web pages.

 

5. FRAMING
5.1. No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

 

6. DISCLAIMER
6.1. Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither The Next Step Trading CC nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, The Next Step Trading CC makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.
6.2. This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with The Next Step Trading CC that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
6.3. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of The Next Step Trading CC and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
6.4. All items purchased from The Next Step Trading CC are made pursuant to agreements with shipping and delivery agents and risk of loss pass from The Next Step Trading CC to such agents upon acceptance of items by customer from shipping agent.
6.5. Neither The Next Step Trading CC nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.

 

7. COSTS
7.1. PRICES:
7.1.1. The price of each product is displayed with the product on the website. The prices of each product may change from time to time. The price listed on the website at time of purchase is the valid price.
7.2. SHIPPING COSTS
7.2.1. The cost of shipping within the borders of South Africa is included in the prices listed on the website.
7.2.2. No goods are shipped outside the borders of South Africa

 

8. VALUE ADDED TAX
8.1. Value Added tax at the rate of 14% is charged on goods.

 

9. DELIVERIES
9.1. Inside the borders of South Africa
9.1.1. Orders are shipped by First Freight Couriers (Pty) Ltd
9.1.2. Orders are couriered to the door of the customer using a 4 day delivery service (2 days to major centres)
9.1.3. Orders are assigned a tracking number (waybill number) that can be tracked by First Freight Couriers (Pty) Ltd

 

10. DELAYS AND CANCELLATIONS
10.1. The Next Step Trading CC makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform the buyer. The Next Step Trading CC will not be held liable for any losses resulting from delays in shipping.

 

11. PAYMENT METHODS
11.1. Credit card payments.
11.1.1. At the time of placing the order, the transaction details are presented to Virtual Card Services (http://www.vcs.co.za) and an authorization is obtained for the amount of the order.
11.1.2. Payment is only collected when the order is confirmed.
11.1.3. Note that to protect its own interests and the interests of customers, The Next Step Trading CC scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if The Next Step Trading CC is not satisfied with it's legitimacy.
11.2. Bank deposit payments.
11.2.1. If the buyer selects the 'pay via bank deposit' button, instructions will be given on how to deposit monies into the The Next Step Trading CC bank account and would it be subject to the following rules:
11.2.1.1. The exact amount must be paid
11.2.1.2. The payment must be identified by supplying the surname in the reference section of the deposit slip or on the electronic transfer.
11.2.1.3. No transfers must be made from ATM's
11.2.1.4. No Cheque payments will be accepted
11.2.1.5. Goods will only be shipped once the fund transfer is confirmed by the bank

 

12. AGREEMENTS OF SALE
12.1. Placing an item in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:
12.1.1. constitute an agreement of sale between The Next Step Trading CC and users cannot hold The Next Step Trading CC liable if such items are not available when the purchase cycle is completed later; and/or
12.1.2. constitute an order for such an item; and
12.1.3. The Next Step Trading CC may remove such an item from the shopping basket or wishlist if no stock is available.
12.2. An agreement of sale between The Next Step Trading CC and a user only comes into effect if and when:
12.2.1. A credit card authorisation is received from the issuing bank; or
12.2.2. A deposit of an electronic transfer is reflected on The Next Step Trading CC's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or
12.2.3. A direct deposit is reflected on The Next Step Trading CC's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.
12.3. The Next Step Trading CC reserves the right to refuse to accept and/or execute an order without giving any reasons. The Next Step Trading CC also reserves the right to cancel orders in whole or in part as circumstances dictate. The Next Step Trading CC shall only be liable to refund monies already paid by the user.
12.4. The Next Step Trading CC shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, The Next Step Trading CC will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

 

13. REFUND AND RETURN POLICY
13.1. No Returns or Refunds will be accepted on any products unless damaged during shipping.
13.1.1. By signing the Waybill on delivery of the products, the buyer accepts that the products are in good order and condition.
13.2. In the unlikely event that components are missing from products, the missing components will be replaced at no charge. The request for replacement must be made to The Next Step Trading CC within 3 business days of receipt of the product by the customer.

 

14. STOCK AVAILABILITY
14.1. Stocks of all goods on offer are limited. The Next Step Trading CC shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, The Next Step Trading CC shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.

 

15. GOVERNING LAW
15.1. This site is governed by the laws of the Republic of South Africa

 

16. PRIVACY
16.1. The Next Step Trading CC 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/html/govdocs/legislation/2000/act2.pdf
16.2. The Next Step Trading CC may electronically collect, store and use the following personal information of Users:
16.2.1. name and surname;
16.2.2. birth date;
16.2.3. gender;
16.2.4. country of residence;
16.2.5. closest city;
16.2.6. non-personal browsing habits and click patterns;
16.2.7. e-mail address; and
16.2.8. IP address.
16.3. The Next Step Trading CC collects, stores and uses the abovementioned information for the following purposes:
16.3.1. to greet the User when he/she accesses the The Next Step Trading CC web site;
16.3.2. subject to the User's consent, inform the User of facts relating to his/her access and use of the The Next Step Trading CC website;
16.3.3. subject to the User's consent, inform the User about competitions and special offers from The Next Step Trading CC and/or its partners / affiliates;
16.3.4. to compile non-personal statistical information about browsing habits, click-patterns and access to the The Next Step Trading CC web site.
16.4. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
16.5. The User may elect not to receive any communications from The Next Step Trading CC and/or its partners / affiliates.
16.6. The Next Step Trading CC may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
16.6.1. The Next Step Trading CC shall not disclose personal information from Users unless the User consents thereto;
16.6.2. The Next Step Trading CC shall disclose information without the User's consent only through due legal process; and
16.7. The Next Step Trading CC may compile, use and share any information that does not relate to any specific individual.
16.8. The Next Step Trading CC owns and retains all rights to non-personal statistical information collected and compiled by The Next Step Trading CC.

 

17. SECURITY
17.1. Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that The Next Step Trading CC suffers any damage or loss.
17.2. The user agrees and warrants that its log-in name and password shall:
17.2.1. be used for personal use only; and
17.2.2. not be disclosed to any third party.
17.3. The user allows The Next Step Trading CC to take all reasonable steps to ensure the integrity and security of the The Next Step Trading CC site and back-office applications.
17.4. All credit card transactions are processed by Virtual Card Services.

 

18. CHANGES TO AGREEMENT
18.1. The Next Step Trading CC may, in its sole discretion, change this agreement or any part thereof at any time without notice.

 

19. DISPUTES
19.1. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of The Next Step Trading CC, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.

 

20. DOMICILIUM
20.1. The Next Step Trading CC 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, 54 Antigo Falls, Lingerette Street, Sunninghill, 2157.



21. TERM AND TERMINATION
21.1. This agreement shall commence when the user visits the powertoys.co.za website and continues indefinitely until terminated by The Next Step Trading CC in terms of clause 22 hereto or for any other reason.

 

22. GENERAL INFORMATION
22.1. The Next Step Trading CC t/a The Next Step. Reg. No: CK 2003/083460/23 VAT No.: 4330210776

23. SECTION 51 MANUAL


 
 		  


 

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