Terms and Conditions
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of ("the Providers”) website located at the domain name www.endoftheline.co.za (“the Website”).
- By accessing and using “the Website”, the User agrees to be bound by the Terms and Conditions set out in this legal notice and which govern the ordering, sale and delivery of Goods, and the use of the Website.
- These Terms and Conditions are binding and enforceable against every person that accesses or uses the Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Create an account” 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 User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without the consent of the Provider.
- The Website enables you to shop online for an extensive range of goods including home and kitchenware, electronics, computers, luggage & travel, toys, personal care items, wearables and more (“Goods”).
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
- may limit the risk or liability of the Provider ; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify the Provider : and/or
- serves as an acknowledgement, by the user, of a fact.
- If there is any provision in these Terms and Conditions that the User does not understand, it is the Users responsibility to ask the Provider to explain it to the User before they accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the User or the Provider in terms of the CPA.
- The Provider permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, the User shall be deemed to have accepted all the Terms and Conditions unconditionally. The User must not use this Website if they do not agree to the Terms and Conditions.
Registration and use of the website
- Only registered users may order Goods on the Website.
- To register as a user, the User must provide a unique username and password and provide certain information and personal details to the Provider. The User will need to use their unique username and password to access the Website in order to purchase Goods.
- The User agrees and warrant that their username and password shall:
- be used for personal use only; and
- not be disclosed by them to any third party.
- For security purposes the User agrees to enter the correct username and password whenever ordering Goods, failing which they will be denied access.
- The User agrees that, once the correct email address and password relating to their account have been entered, irrespective of whether the use of the email address and password is unauthorised or fraudulent, the User will be liable for payment of such order, save where the order is cancelled by the User in accordance with these Terms and Conditions.
- The User agrees to notify the Provider immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of the Users username and password and to take steps to mitigate any resultant loss or harm.
- By using the Website the User warrants that they are 18 (eighteen) years of age or older and of full legal capacity. If the User is under the age of 18 (eighteen) or if the User is not legally permitted to enter into a binding agreement, then the User may use the Website only with the involvement and supervision of the Users parent or legal guardian. If the Users parent or legal guardian supervises the User and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for the User and all the Users obligations under these Terms and Conditions.
- The User agrees that they will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, the User agrees that they will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised representative of the Provider (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- The User may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- The User may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised representative of the Provider.
Conclusion of sales and availability of stock
- Registered users may place orders for Goods, which the Provider may accept or reject. Whether or not the Provider accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by the Provider for the Goods.
- NOTE: The Provider will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between the User and the Provider come into effect (the “Sale”). This is regardless of any communication from the Provider stating that the Users order or payment has been confirmed. The Provider will indicate the rejection of the Users order by cancelling it and, as soon as possible thereafter, and refunding the User for any amount already paid.
- Any order of a television set will be subject to the condition that the User confirms that they are in possession of valid SABC television license. End of the Line reserves the right to request that the user submit a copy of this license prior to delivering the television. Should the User not produce said license, End of the Line may at its discretion, cancel the order.
- Placing Goods in a Wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to the User. The User cannot hold the Provider liable if such Goods are not available or are not available at the particular price when the User complete or attempt to complete the purchase cycle at a later stage.
- The User acknowledges that stock of all Goods on offer is limited and that pricing may change at any time without notice to them. In the case of Goods for sale by the Provider, the Provider will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, the Provider cannot guarantee the availability of stock. When Goods are no longer available after the User have placed an order, the Provider will notify the User and the User will be entitled to a refund of any amount already paid by the User for such Goods.
- The Provider is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- Payment can be made for Goods via -
- debit card;
- credit card; where payment is made by credit card, the Provider may require additional information in order to authorise and/or verify the validity of payment. In such cases the Provider is entitled to withhold delivery until such time as the additional information is received by the Provider and authorisation is obtained by the Provider for the amounts. If the Provider does not receive authorisation the Users order for the Goods will be cancelled. The User warrants that they are fully authorised to use the credit card supplied for purposes of paying the Goods. The User also warrants that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- Instant EFT;
- The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
- Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
At the time of purchasing, the transaction details are presented to the bank for a payment request. Goods are only dispatched to the customer on receipt of funds in the merchant’s bank account from the acquiring bank, First National Bank of Southern Africa.
In order to protect our own interests, as well as those of our customers, we will scrutinise all transactions very carefully to prevent attempted fraud. Transaction may be refunded to the credit card concerned, or held, if we are not satisfied with its legitimacy.
Please be aware that we monitor all the I.P. Addresses of users visiting the website. Any fraudulent activity will be reported to the proper authorities, and prosecuted to the fullest extent of the law.
- International credit cards will only be accepted at our sole discretion. We further reserve the right to delay any form of refund whilst in the process of verification and card holder authentication.
We do not store any credit card or debit card details.
Delivery of goods
- The delivery of Goods will take place via courier to you.
- For more information about delivery, please see our FAQs: Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
- Where it accepts your order, the Provider will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- The Providers obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. The Provider is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
- The Provider 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), the Provider 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.
Red Basket Deals and other discounted Goods
- From time to time, the Provider may offer certain Goods at discounted prices as part of a Daily Red Basket Deal, or a Bundle Deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
- However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
- For example: if you buy more than one product in a Red Basket Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
- Red Basket Deals
- Red Basket Deals (“Red Basket Deals“) will be available daily from 7am – 23:59pm on week days and from 9am – 23:59pm on weekends. Red Basket Deals will expire no later than one minute to midnight each day. However, Red Basket Deals have a stock limit and may expire earlier if stock runs out.
- Red Basket Deals quantities are limited and as such, after a Red Basket Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Red Basket Deal).
- We do not guarantee a specific saving. The extent of the Red Basket Deal or discount is at the sole discretion of End of the Line.
- Adding a Red Basket Deal to your cart, or completing your order for a Red Basket Deal without paying for it, does not reserve the item for you.
- By purchasing any Red Basket Deal, you are also automatically opting in for our Red Basket Deals daily newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
- The Provider may from time to time offer bundle deals for sale under the Bundle Deals tab on the Website (“Bundle Deals“). Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single bundle.
- Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.
Changes to these Terms and Conditions
- The Provider may, in its sole discretion, change, modify, add or remove any of these Terms and Conditions at any time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website .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.
- Any such change will only apply to your use of this Website after the change is displayed on the Website. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
- By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
Ownership and copyright
- The contents of the Website, including any material, information, data, software, icons, text, graphics, 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 the Provider its advertisers and/or sponsors and/or is licensed to the Provider.
- You will not acquire any right, title or interest in or to the Website or the Website Content.
- 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.
- Where any of the Website Content has been licensed to the Provider 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.
- 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.
- Whilst the Provider takes reasonable measures to ensure that the content of the Website is accurate and complete, the Provider 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 the Providers representatives, the Provider shall not be bound thereby.
- The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither the Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
The Provider 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.
- 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.
- Any views or statements made or expressed on the Website are not necessarily the views of the Provider, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Provider 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 the Provider , its employees, agents or authorised representatives. The Provider 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.
Linking to third party websites
- This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Provider is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Limitation of liability
- The Provider 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 the Provider , its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.
- THE PROVIDER 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 THE PROVIDER 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.
- The use of any product or service 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. Credit card details are not kept by the Provider under any circumstances.
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 spyware that the User may inadvertently have installed on his/her device.
The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
Availability and termination
- We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
- The Provider may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Provider will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
- If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- The Provider is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by the Provider to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and the Provider ,in whole or in part, on notice to you. The Provider shall only be liable to refund monies already paid by you (see End of the Lines Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
- At any time, you can choose to stop using the Website, with or without notice to the Provider.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Governing law and jurisdiction
- 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.
- In the event of any dispute arising between you and the Provider, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Gauteng notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
- This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited.
- The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
- If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website
- The Provider hereby selects 23 Loper Avenue, Spartan, Kempton Park , 1619, Gauteng, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). The Provider may change this address from time to time by updating these Terms and Conditions.
- You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving the Provider not less than 7 days’ notice in writing.
- Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
- The Provider 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 the Provider 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 the Provider and no other warranty or undertaking is valid, unless contained in this document between the parties.