Terms and Conditions

These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (you, your or user), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and / or by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

The Website enables you to shop online for an extensive range of goods including Fashion & Jewelry, Christian goods, clothing, gadgets, personalised gifts, baby , and many more GOODS.

When you use our Website, notwithstanding your geographic location, you do
so in accordance with these Terms and Conditions and provided that any
delivery address, including for returns collections, is a delivery address within
the borders of the Republic of South Africa (RSA). We focus on SA.

A: These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

A: These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

  1. may limit the risk or liability of AESHOPONLINE
  2. may create risk or liability for the user; and/or
  3. may compel the user to indemnify Aeshoponline
  4. serves as an acknowledgement, by the user, of a fact.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask us at Aeshoponline to explain it to you before you accept the Terms and Conditions or continue using the Website.

Payment

  1. debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
  2. credit card: 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 are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
  3. Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. AEshop will not accept your order if payment has not been received;
  4. Instant EFT;
  5. Cash on delivery (except where any of our exclusions apply,); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.

Delivery of goods

AEshop offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

  1. courier or
  2. self collection from us.
  3. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
  4. AEshop shall not be bound by any incorrect information regarding our Goods displayed on any third party websites..

Changes to these Terms and Conditions

  1. AEshop may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
  2. 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 amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Electronic communications

  1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.

Ownership and copyright

  1. The contents of the Website, including any material, information, data, software, icons,graphics, text,  lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of AEshoponline, its advertisers and/or sponsors and/or is licensed to AEshop.
  2. You will not acquire any right, title or interest in or to the Website or the Website Content.
  3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our contact us option.
  4. Where any of the Website Content has been licensed to AEshop 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.

Disclaimer

  1. 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.
  2. Whilst AEshop takes reasonable measures to ensure that the content of the Website is accurate and complete, AEshop makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by AEshop’s representatives, AEshop shall not be bound thereby.
  3. AEshop disclaims liability for any damage, loss or expenses, 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 therein unless otherwise provided by law.
  4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
  5. Any views or statements made or expressed on the Website are not necessarily the views of AEshop, its directors, employees and/or agents.
  6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, AEshop 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, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of AEshop, its employees, agents or authorised representatives. AEshop thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Limitation of liability

  1. TAEshop cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of AEshop, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our contact us form.
  2. AESHOP 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.
  3. YOU HEREBY INDEMNIFY AESHOPONLINE 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.

Governing law and jurisdiction 

  1. These Terms and Conditions and our relationship 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. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
  2. In the event of any dispute arising between you and AEshop for the Sale of goods, you agree that the Sale occurs in Kwazulu Natal and you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (KZN, Durban) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  3. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Information

  1. For the purposes of the ECT Act, AEshop’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
    1. Full name: AESHOPONLINE
    2. Main business: Online retailer
    3. Physical address for receipt of legal service (also postal and street address): P.O.BOX 2109. STANGER 4450
    4. Office bearers: Kim Reid, Roger Rabala
    5.  
    6. is and Annamaria Beke.
    7. Phone number: +27 87 362 8000
    8. Email address: [email protected]
    9. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
      Third Party Sellers’ information is available in the relevant Product listing and/or via the customer support centre contactable via our contact us section.
    10. Intellectual property complaints: If you have a complaint/allegation of intellectual property infringement, please send your complaint/allegation to [email protected] and include the following key information: the specific URLs on the platform that relate to your complaint/allegation; and actual copies of the South African/CIPC-issued certification that you are relying on (i.e. in order to objectively confirm the intellectual property rights claimed in South Africa and then pass the same on to the affected suppliers/sellers accordingly). Subject to the aforesaid, and subject to the fluidly reactive nature of the platform and its related functionality limitations, we confirm that we’ll be able to investigate those identified URLs and then respond to your complaint/allegation in good faith as soon as possible.

 

General

  1. AEshop may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
    1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    2. Any failure on the part of you or AEshop to enforce any right in terms hereof shall not constitute a waiver of that right.
    3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    6. These Terms and Conditions contain the whole agreement between you and AEshop and no other warranty or undertaking is valid, unless contained in this document between the parties.
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