Terms and Conditions

Welcome to www.jscharlton.co.za!         

These terms and conditions outline the rules and regulations for the use of JS Charlton’s Website, located at https://www.jscharlton.co.za..

By accessing this website we assume you accept these terms and conditions. Do not continue to use www.jscharlton.co.za if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of South Africa. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

E-Commerce & Privacy

 Our Website www.jscharlton.co.za sells Bags, Apparel & Headwear and Gift’s online. The use of any product bought from this Website is at the purchaser’s risk.

The purchaser/user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details,

delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties.

Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.

The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website),

which may result due to the lack of adequate virus protection software or spy-ware that the User may inadvertently have installed on his/her device.

 

Website Terms and Conditions

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the JS Charlton (“Provider”) website located at the domain name www.jscharlton.co.za (“the Website”).

We have the right to change pricing without prior notice and to offer promotional offers at our discretion. Purchases made prior to any promotional offers are not refundable on the difference in value.

By accessing and using the JS Charlton Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice.

The User may not access, display, use, download, and/or otherwise copy or distributes Content obtained on the website for marketing and other purposes without the consent of the Provider.

Copyright and Infringement

All content included on this site, such as Text, Graphics, Logos, Button Icons, Images, Audio Clips, Digital Downloads, Data Compilations, and Software,

is the Property of JS Charlton or its content suppliers and protected by South Africa and International Copyright Laws.

The compilation of all content on this site is the exclusive property of JS Charlton and protected by South Africa and International Copyright Laws.

All Software used on this site is the Property of JS Charlton or its Software Suppliers and protected by South Africa and International Copyright Laws.

Product Pricing and Stock Availability

The Products displayed on this Site are subject to availability. The Company reserves the right, without prior notice,

 to discontinue or change pricing or specifications on Products and services offered on this Site without incurring any liability whatsoever.

 The Company cannot always guarantee availability of stock. If we are unable to supply each and every Product ordered or in the quantities ordered,

 you nevertheless agree to accept delivery and make payment for the items correctly delivered. Stocks of all goods on offer are limited.

The Company shall use its reasonable efforts to discontinue the offer as soon as stock is no longer available.

Under no circumstances will the Company be liable to you for failing to supply Products ordered by you if the shortage of stock or capacity is due to circumstances beyond the Company’s control.

 In such circumstances the Company will take reasonable steps to inform you of the shortage of stock or capacity as soon as it is practicable to do so. Subject to availability,

the price you pay for Products will be the price shown on the JS Charlton Online Site on the date that you pay for such Products. Special promotions may be subject to certain conditions,

 including stock availability and limited offer stipulations. Time-based pricing is only available during the times and dates stipulated on the Site.

The price of each Product is the price displayed on the JS Charlton Online Site. In the event of a Product being on special, this price will be displayed.

 All prices are quoted in South Africa Rand (ZAR) and exclude VAT at the rate of 15%, unless otherwise stipulated.

Delivery costs are calculated taking into account the area of delivery as well as the weight and product dimensions of each Product being delivered, and are quoted separately.

Whilst all precautions are taken by the Company to provide the correct pricing on this Site, in the event that an error does occur,

the Company will make every effort to contact you to cancel the purchase and provide a full refund for the original amount paid.

As such the Company will not be obliged to provide you with the affected Product at such incorrect price.

 

License

Unless otherwise stated, JS Charlton and/or its licensors own the intellectual property rights for all material on www.jscharlton.co.za. All intellectual property rights are reserved. You may access this from www.jscharlton.co.za for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Website: www.jscharlton.co.za
• Sell, rent or sub-license material from Website: www.jscharlton.co.za
• Reproduce, duplicate or copy material from Website: www.jscharlton.co.za
• Redistribute content from Website: www.jscharlton.co.za

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. JS Charlton does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of JS Charlton, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, JS Charlton shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

JS Charlton reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant JS Charlton a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

 

Hyper-linking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) The link would not make us look unfavourably to ourselves or to our accredited businesses; (b) The organization does not have any negative records with us; (c) The benefit to us from the visibility of the hyperlink compensates the absence of JS Charlton; and (d) The link is in the context of general resource information. These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) Does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) Fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to JS Charlton. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of JS Charlton’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of South Africa and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the South Africa courts.

If you access this Website or make an order for products in a jurisdiction other than South Africa, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. To the maximum extent permitted by law, JS Charlton makes no representations that the supply of the products or the content of the Website complies with the laws of any country outside South Africa.

The above Terms and Conditions, the Delivery and Returns Policy constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and JS Charlton.

If any part of these terms is found to be void, invalid, unlawful or unenforceable, then that part will be severed from these terms and the remaining terms will remain in force and comprise the agreement between you and JS Charlton.

Amendment

The Company (JS Charlton) reserves its right to amend these Terms and Conditions with Immediate effect at any given time and without prior notice to Customers.

The Customers shall be responsible for not reviewing the Terms and Conditions, and the Company (JS Charlton) will not be held liable for any loss and/or damage suffered by the Customers as a result of such amendments.

Risk and Ownership

Risk in the Products shall pass to you upon delivery of the Products at the delivery address chosen by you.

Until payment is received in full for any goods sold, ownership of the Products shall remain within the Company and such Products shall be returned and/or surrendered to the Company following receipt of a default notice from the Company.

Agreement of sale

An agreement of sale in respect of a Product between the Company and you only comes into effect if and when a authorisation is received by the Company.

From the issuing bank or when the Company’s bank statement reflects your payment via EFT, and the order has been invoiced. The Company reserves the right to:

• Refuse to accept and/or execute an order without giving any reasons; and
• Cancel orders in whole or in part in its sole and absolute discretion.
  

   

The Company shall only be liable to refund monies already paid by the user. A delivery payment of will be made with the purchase of goods.

 

Limitation of liability

JS Charlton 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 JS Charlton, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to jcharlton914@gmail.com or by contacting +27(0)72 823 0096.

JS Charlton 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.

You Hereby Indemnify JS Charlton 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.

 

Frames

Without prior approval and written permission, you may not create frames around our Webpage’s that alter in any way the visual presentation or appearance of our Website.

Colours

Our Company have made every effort to display as accurately as possible the colours of the Products that appear on the Site. As the actual colours you see will depend on your computer’s monitor we cannot guarantee, however, that your monitor’s display of any colour will be accurate.

 

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Payment

Should you pay for the Products via EFT the Products will only be delivered to you once your payment has cleared in the Company’s bank account,

 and is reflected as a payment on the Company’s bank statement within 3 (three) working days of date, of the placement of your order.

Each delivery is considered as a separate contract and the price thereof is payable accordingly. Goods remain the property of the Seller until they are fully paid for.

By submitting an order to buy Products you:

• represent and warrant that you are over the age of 18 (eighteen)
• represent and warrant that you are authorized to make payment
• represent and warrant that there are sufficient funds available to pay for the order; and
• Consent to us providing your personal information to our third party payment provider, which is necessary to enable us to perform our obligations in terms of this Agreement.
• If payment has not been made, Please do not send a courier company for your collection as we will NOT release your order.
• Goods will only be released once your order has been fully paid for.
• Please note that Electronic Funds Transfer (EFT) is our preferred method of payment.
• Cash payments will incur a 1.75% cash handling fee
• Items will only be released once your order has been fully paid for.

In order to protect our interests as well as yours, the Company may scrutinize transactions to prevent attempted fraud. A transaction may be refused if the Company is not satisfied that it is legitimate.
No other method of payment, including by gift vouchers, will be accepted by the Company in respect of the purchase of Products on the JS Charlton Online Site.

Delivery

Cancellations

To cancel an order this may be done by emailing the Company on justin@jscharlton.co.za . No penalty charges will be levied against cancelled orders prior to the cut-off time. The Company will, however, be entitled to recover from you the direct cost of recovering the Products.
The Company will only accept a cancellation of an order in circumstances where the Products are unbranded and returned to the Company in their original condition together with the packaging within ten (10) days after delivery to you, and provided the Products have not been used or otherwise altered in any way whatsoever.
The Company shall be entitled to retain any payment already received from you in respect of delivery fees where a Product has already been delivered to you prior to your cancellation of the order, as set out above. You may return a Product, at your cost, to JS Charlton provided you have the original invoice/proof of purchase.

Agreement of Sale
An agreement of sale in respect of a Product between the Company and you only comes into effect if and when a authorisation is received by the Company

From the issuing bank or when the Company’s bank statement reflects your payment via EFT, and the order has been invoiced. The Company reserves the right to:

• Refuse to accept and/or execute an order without giving any reasons; and
• Cancel orders in whole or in part in its sole and absolute discretion.

The Company shall only be liable to refund monies already paid by the user. A delivery payment of will be made with the purchase of goods

Orders for Collections

The Company (JS Charlton) do not currently offer a collection option.
Replacement Products and Refunds
Should the Company supply the incorrect Product or if the Product supplied is damaged or faulty, the Company shall exchange the Product for a new one,

provided that the damaged or incorrect unit is returned in its original packaging with all warranty cards, manuals and accessories within ten (10) working days of the delivery of the Product to you. Cash refunds will not be given.

The Company will replace any damaged or faulty Product or an incorrect Product with a new Product within a reasonable amount of time.

In the case of refunds, any monies due to you will be paid back into the bank account from which payment was received from you. Depending on your bank’s processing time, it may take a few days to reflect in your account.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of JS Charlton.

 

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Warranties

To the extent that the Products are altered contrary to the instructions, or after having been delivered to the delivery address stipulated by you the Products or property in which the Products are installed have been subjected to misuse or abuse, the Company and/or manufacturer of the Products will not be obliged to honour any warranties applicable to such Products. Warranties do not apply to ordinary wear and tear.

General

JS Charlton 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.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or JS Charlton to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

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.

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.

These Terms and Conditions contain the whole agreement between you and JS Charlton and no other warranty or undertaking is valid, unless contained in this document between the parties.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) Are subject to the preceding paragraph; and (b) Govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.