WHAT YOU NEED TO KNOW
WHO WE ARE
1.1. Media24 (Pty) Ltd trading as New Media
New Media is a division of Media24 (Pty) Ltd (‘New Media’ ‘us’ or ‘we’) and “VISI Store”, “Food24 Store”, “Eat Out Store” and “New Media Store” are the brands owned and operated by New Media. Media 24’s details are:
- Name: Media24 (Pty) Ltd
- Registration number: 1950/038385/07
- Registered Address: Heerengraght 40, Cape Town 8001
- Physical Address: 19 Bree Street, Cape Town, 8001, South Africa
- Postal Address: PO Box 440, Green Point, Cape Town, 8051, South Africa
- Directors: RCC JAFTA, LJ KLINK, JC HELD, JP BEKKER, TD PETERSEN, MI DAVIDSON, M PATEL, E WEIDEMAN, KR MTHIMUNYE
- Email: firstname.lastname@example.org
- Telephone: +27 (0)21 417 1111
- PAIA Manual
2. ABOUT YOU
2.1. Your details
We need your personal information to process your payment, deliver your goods to you, process any refunds and warranty information. We also use your personal information to send you information about our goods (but only if you want us to).
You agree to give us your correct details and to update them regularly so that we don’t deliver to the wrong address or communicate with the wrong person.
3. ABOUT THESE TERMS AND CONDITIONS
3.1. Acceptance of these Terms and Conditions
When you place an order on our website you must agree to these terms and conditions. These terms and conditions are designed to protect both of us and to make it clear what we both need to do, so please read them carefully.
3.2. Changes to these Terms and Conditions
As laws and circumstances change we will need to update these terms and conditions. We will show the current and past terms and conditions and will let you know when we change them, but please read them each time you make an order.
4. THE GOODS WE SELL
4.1. Description of the goods
Most of our goods are either customised or limited-edition goods. Please be clear with any instructions you have regarding the customisation of the goods as customised goods cannot be returned unless they are defective in some way.
We will not be responsible for any obvious errors – especially in the price of the goods – that are on the website. If the price or anything else looks odd, please ask us about it.
4.3. Unusual requirements for some goods
We may provide some goods that are subject to additional requirements – such as a television needing a television licence.
4.4. Third party sellers
All the goods that are sold on the Website are provided by third parties and their identities are clearly indicated on the web site. These third parties are the owners of the brands and responsible for product support.
While we will try our best to make sure that our goods and the website are always available, you agree that we will not be responsible for any time the website is not available or the goods are not able to be obtained. We will do our best to keep you informed of any problems we may have and the expected time to their resolution.
5. WHEN OUR AGREEMENT IS FINALISED
5.1. Electronic communications
Our agreement is an electronic agreement that is based on electronic communications. Your clicking on ‘I agree’ on our terms and conditions is considered to be your electronic signature as set out in the Electronic Communications and Transactions Act no. 25 of 2002.
5.2. Ownership of goods
Either we or a third party own the goods until such time as they are delivered to your delivery address. You agree that we can cancel the agreement at any time before delivery to you by keeping the goods and refunding your purchase price.
6.1. Types of payment we accept
At present we can only accept payment by means of a valid debit or credit card which is issued by VISA or Mastercard. Payment is made through PayFast (Pty) Ltd who are an approved payment gateway. For security reasons New Media does not collect any of your debit/credit card details. If you want to find out what PayFast does with your information please go to payfast.co.za.
All our prices are quoted in South African Rand. We will not be responsible for any variation in foreign exchange at the time payment is made.
7.1. Delivery lead time
We will try to indicate where there is any delay in the delivery of the goods and what our progress is on getting the product to you. As our products are generally limited-edition or customised goods, their manufacturing time might vary and will be indicated accordingly. In addition there is a standard delivery time of between 3-5 working days for the goods to arrive at your address. If you have any queries regarding the status of your goods, please contact us.
The VISI Shop makes use of Fastway’s door-to-door courier service. Please take note of Fastway’s delivery measures, in line with the recommendations issued by both the World Health Organisation (WHO) and the South Africa Government: fastway.co.za.
7.2. International delivery addresses
While we do not currently deliver to international addresses, we will consider any query coming from a foreign country. Should you wish to send the goods out of the country, please contact us and we will let you know what we can organise.
8. RISK AND LIABILITY
8.1. Illegal use of goods
You agree that you will not use any of our goods for an illegal purpose.
8.2. No Liability
NB: THIS CLAUSE LIMITS LIABILITY IN TERMS OF THE CONSUMER PROTECTION ACT NO. 68 OF 2008
- New Media will not be liable for any inaccuracy for information supplied to it by third parties who supply the goods on the web site.
- New Media will not be liable for any unlawful disclosures of your personal information by third parties which are not under our control, unless the disclosure is a result of our gross negligence.
- New Media will not be liable for any direct or indirect damage, loss or expense except as set out in this Agreement or where it is not possible by law to contract out of that liability.
- All goods are provided ‘as is’ as is the information provided on our website. We do not make any implied warranty as to whether they are fit for your purpose. If you wish to know whether they are fit for your purpose please ask the third party supplier directly.
9. OUR PRIVACY NOTICE
9.1. PAIA manual
Our Promotion of Access to Information manual can be found here.
9.2. Your personal information
New Media will comply with the Protection of Personal Information Act no. 4 of 2013 once it comes into effect. We will use your personal information for the purposes set out in this Agreement and we will do our best to keep it safe and secure. If you wish to know what we are doing with your personal information, please contact us.
10. RETURNS AND REFUNDS
10.1. Unwanted products
You can only return a customised or product specially made to order if it is defective/damaged in some way. Other products may be returned to us provided that you let us know within 14 calendar days of them being delivered to you.
10.2. Damage and defective products
All our goods carry a standard warranty for a period of 6 months and this warranty will be effected by the third party selling the goods through the website. We will assist with the return of the goods but the ultimate responsibility for the replacement of the goods will be on the third party.
Some goods carry a warranty in excess of the standard 6 months warranty and this will be communicated to you when the product is sold. In the absence of any information on an extended warranty, the standard 6 month warranty will apply.
10.3. Incorrect products
If we deliver the wrong product to you, please let us know and we will replace it with the correct product.
10.4. Exchanges and refunds
We will attempt to assist you if you made a mistake and ordered the incorrect product and want to replace it with an alternative product. Please contact us so that we can assist you with this.
If you do want to exchange the goods then we will refund the cost of the goods to you, but only if the goods are in good order.
10.5. Packaging and charges for returns
While we know you may need to open some of the packaging in order to inspect the goods, please keep as much of the original packaging of the goods intact as you can if you wish to return the products. We may charge you for the courier costs of returning the goods.
11. SECURITY AND DATA BREACHES
11.1. Our security standards
We do all we reasonably can to keep our security up to date, but no security is ever perfect. Please get hold of us as soon as you can if you suspect there has been any security breach.
11.2. Your username and password
Please keep your username and password secret as we rely on these to conclude agreements and to follow up on any orders you have. You agree to be responsible for any orders that are made using your username and password unless you have provided us with prior written notice that the confidentiality of your username / password has been compromised.
12. INTELLECTUAL PROPERTY
12.1. Intellectual Property on the web site
Some of the Intellectual Property on the website is owned by us (such as the New Media, VISI, Eat Out of Food24 logos). Other Intellectual Property on the website is owned by third parties who sell their products through our website. Neither we nor the third parties grant you any rights to the Intellectual Property on the website and you agree not to reproduce, copy or make derivative works of the Intellectual Property.
12.2. Requests to use Intellectual Property
If you wish to use any Intellectual Property on the website, please contact us and let us know:
- Who you are,
- Which intellectual property you want to use,
- Precisely what you want to use the intellectual property for,
- The amount of time you want to use it for.
We will let you know who owns the Intellectual Property and, if appropriate, provide you with written permission to use the Intellectual Property.
13. COMPLAINTS AND DISPUTES
13.1. Laws that govern us
This Website is governed by South African law and so any complaints or disputes relating to the website will be resolved in terms of South African law.
13.2. Consumer Goods and Services Industry
Amongst other laws we are subject to the Consumer Protection Act no. 68 of 2008 and the Electronic Communications and Transactions Act no. 4 of 2002. We are also a member of the Consumer Goods and Services Ombud (CGSO) and so we are obliged to abide by the Consumer Goods and Services Industry Code. For more information about this, please click here.
If we don’t resolve your complaint within 15 days then you are entitled to approach the CGSO to assist you. Their details are: Website: cgso.org.za Sharecall: 0860 000 272 Email: email@example.com.
13.3. Legal fees
In the event that there is a dispute between us, then the successful party is entitled to their full legal costs (often referred to attorney/client costs).
14.1. Getting hold of us
Please send any notices to us using the details at the beginning of these Terms and Conditions. We will be deemed to have received any electronic messages (including email) on the day after it was sent. In the case of registered post we will be deemed to have received the post 5 business days after it was sent. Please do not send anything by ordinary post.
14.2. Getting hold of you
You agree that we can use the information you gave to us when you registered to contact you and to send any legal notices to you. This includes us being able send you messages by means of email / SMS / other communication methods. Any message sent this way will be deemed to have been received on the day after it was sent.