Retail terms and conditions
STANDARD TERMS AND CONDITIONS OF SALE OF CAPE TOWN TOURISM
Cape Town Tourism, VAT number, 4950213647, Pinnacle Building, Corner Burg Street and Castle Street, Cape Town ("Cape Town Tourism")
1. PURCHASE AND SALE
These terms and conditions ("Terms") will apply to your purchase of any goods ("Goods") from Cape Town Tourism's visitor information centres ("Premises") as well as any orders placed via telephone or email as set out in clause three below ("Orders"). Goods may also from time to time be offered for sale on the Cape Town Tourism website at www.capetown.travel ("Website").
2. PRICE OF GOODS
2.1 The price of the Goods will be that which is displayed at the Premises at the date and time of on which the Goods are purchased, displayed on the Website or such other price as specifically agreed upon between you and Cape Town Tourism at the time of any Order.
2.2 The price of Goods ("Purchase Price") will include value-added tax ("VAT"), but exclude any delivery and additional costs.
3. ORDER AND DEPOSIT
3.1 In certain instances you will be able to place an Order via telephone or by email. This Order constitutes an irrevocable offer to purchase the Goods on these terms and conditions.
3.2 Cape Town Tourism will contact you to confirm ("Confirm", and "Confirmation" has a corresponding meaning) the details of the Order and the anticipated delivery date ("Delivery Date"), and will send you an invoice ("Invoice") requesting a 50% deposit ("Deposit") subsequent to such Confirmation. You agree to pay such Deposit, before the Delivery Date, into Cape Town Tourism's bank account, the details of which will be provided to you in the Invoice.
3.3 In the event that you wish to cancel the Order for any reason, you may only do so to the extent that you have a right to do so in law, or otherwise to the extent that Cape Town Tourism agrees in writing to permit you to do so. In all such circumstances, Cape Town Tourism reserves the right to charge you a reasonable cancellation fee ("Cancellation Fee"), to the extent allowed by law, and may deduct this Cancellation Fee from the Deposit received from you.
4. PAYMENT FOR GOODS
4.1 In the event of purchasing the Goods at the Premises, payment shall be effected in cash at the time of purchase. Cape Town Tourism shall issue you with an original sales slip, which you must retain for purposes of clause seven.
4.2 In the event that Goods are purchased by placing an Order, you must pay Cape Town Tourism the Purchase Price in cash, credit card or electronic funds transfer ("EFT") into Cape Town Tourism's bank account as specified on the Invoice on or before the Delivery Date, or such other date as agreed between you and Cape Town Tourism in writing.
4.3 Delivery shall not be effected if full payment of the Purchase Price has not been received. Payments by way of EFT may take between two and four business days to reflect in Cape Town Tourism's bank account.
5.1 Unless otherwise agreed between you and Cape Town Tourism, the Goods shall be delivered at your cost on the Delivery Date or as soon as reasonably possible thereafter, or on such other date as may be agreed with you, to the address specified in the Order, or such other address as may be agreed with Cape Town Tourism.
5.2 You will be entitled and required to examine the Goods upon delivery to ensure that the Goods are of a type and quality reasonably expected by you and that the Goods conform to the requirements of the Order. Upon delivery of the Goods, you will receive a delivery note ("Delivery Note"), and be required to sign such Delivery Note as an acknowledgment that you had a reasonable opportunity to examine the Goods and that the Goods conform to the above clause.
5.3 Upon delivery of the Goods to the specified Delivery Address, the risk passes to you, but ownership in the Goods will only pass to you once the Purchase Price has been settled in full.
6. COOLING-OFF PERIOD
If you are an individual buying Goods by means of an electronic transaction, and the Goods are not made to your specifications and are not clearly personalised, then section 44 (Cooling-Off Period) of the Electronic Communications and Transactions Act No 25 of 2002, as amended, shall apply and you shall be entitled to cancel this agreement, without reason or penalty, within seven days after the date of receipt of the Goods, and Cape Town Tourism can charge, deduct and/or retain an amount equal to the direct cost of returning the Goods.
7. RETURNS AND REFUNDS
7.1 In addition to any right to return and receive a refund in terms of law, you will have the right to return any Goods in their original packaging with the original sales slip or Invoice within six months of the purchase or delivery of such Goods. If the Goods are being returned in terms of clause 7.1 (in other words not in terms of a statutory right of return), Cape Town Tourism will not accept returns:
7.1.1 where the Goods have been tampered with or altered in any way;
7.1.2 where any garments are soiled;
7.1.3 where for hygienic reasons it will not be acceptable to accept such returns; and
7.1.4 of open containers of toiletries or cosmetics.
8. LIMITATION OF LIABILITY AND INDEMNITY
8.1 To the extent allowed by law, you agree that Cape Town Tourism shall not be liable to you or any other person or entity in respect of (and you or any such person or entity shall have no claim against Cape Town Tourism and you hereby indemnify and hold Cape Town Tourism free from liability in respect of) any loss or damage:
8.1.1 caused by or arising from any fact or circumstance beyond the reasonable control of Cape Town Tourism;
8.1.2 which is consequential or incidental loss or damage; and/or
8.1.3 of whatever nature and arising from or in connection with any Order and/or any sale or delivery of Goods.
8.2 To the extent allowed by law, Cape Town Tourism's liability shall in any event and under all circumstances be limited to the replacement of defective Goods.
This clause limits and excludes obligations, liabilities and legal responsibilities, which Cape Town Tourism will have towards you, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you. This clause also constitutes an assumption of risk and/or liability by you under which you indemnify Cape Town Tourism against certain liability, and may result in you being liable for additional costs and liability.
Should either party ("defaulting party") fail to observe or perform any of the terms, conditions or obligations in this Agreement, and fail to remedy such breach within 20 business days prior to written notice specifying the breach and requiring it to be remedied, then the other party ("innocent party") shall be entitled, but not obliged, in its sole discretion and without prejudice to any of its rights that it may have in law, including the right to claim damages, without notice, immediately to claim specific performance of the defaulting party's obligations under this Agreement or to cancel any Order and/or Sale and recover all its costs related to such cancellation.
10.1 You may provide certain personal information to Cape Town Tourism when placing an Order. This personal information may include (without limitation) your name, surname, delivery address, email address and contact number ("Personal Information").
10.2 To the extent allowed by law, Cape Town Tourism will use the Personal Information for all purposes relating to these Terms, including but not limited to, executing the Order and the facilitation of any payment for Goods.
10.3 Cape Town Tourism may use your personal information for future marketing purposes. You may at any time request Cape Town Tourism to stop sending you marketing communications.
10.4 To the extent allowed by law, you hereby expressly agree that:
10.4.1 Cape Town Tourism may collect, receipt, record, organise, collate, store, update, modify, retrieve, alter, consult, use, disseminate or obtain any of the Personal Information;
10.4.2 Cape Town Tourism may use the Personal Information for the purposes or in the manner as set out in clause 10.2; and
10.4.3 Cape Town Tourism may share the Personal Information with third parties, including third party service providers, during the course of performing, or for purposes of performing, any of the activities referred to in clauses 10.4.1 or 10.4.2.
10.5 You may request Cape Town Tourism at any time to correct any of your personal information, should it come to your attention that Cape Town Tourism's records are incorrect.
10.6 Cape Town Tourism shall protect your personal information as required in terms of law. However, to the extent allowed by law, Cape Town Tourism shall not be liable to you or any other person or entity, in respect of the unauthorised disclosure or use of Personal Information.
This clause limits and excludes obligations, liabilities and legal responsibilities, which Cape Town Tourism will have towards you, and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.
11.1 To the extent allowed by law, these Terms set out the whole of the agreement between you and Cape Town Tourism in regard to the subject matter thereof and there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which you are relying in concluding these Terms, and Cape Town Tourism shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
11.2 Notwithstanding clause 11.1, you may have other rights granted to you by law, in addition to those set out in these Terms, which Cape Town Tourism may not exclude. These Terms are subject and without prejudice to, and do not affect, those other rights granted by law.
11.3 No extension of time or indulgence which Cape Town Tourism may grant to you shall constitute a waiver of any of Cape Town Tourism's rights, who shall not thereby be precluded from exercising any rights against you which may have arisen in the past or which might arise in the future.
11.4 These Terms shall be governed by and interpreted according to the laws of the Republic of South Africa.
11.5 Any provision in these Terms which is or may become illegal, invalid or unenforceable shall, to the extent of such prohibition or unenforceability, be ineffective and treated as having not been written and severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.
12. CONSUMER PROTECTION ACT
12.1 Nothing in these Terms:
12.1.1 limit or exclude any warranties or obligations which are implied into these Terms by the Consumer Protection Act (to the extent applicable) or which Cape Town Tourism gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded;
12.1.2 does or purports to limit or exempt a party to these Terms from any liability, including (without limitation) for any loss directly or indirectly attributable to the gross negligence of such party or any person acting for or controlled by such party, to the extent that the law does not allow such a limitation or exemption.
12.1.3 limit or exclude the liability of Cape Town Tourism for death or personal injury caused to you through an act or omission of Cape Town Tourism subject to section 61(1) of the Consumer Protection Act, to the extent that the law does not allow this; nor
12.1.4 shall require a party to assume risk or liability, including (without limitation) for any loss directly or indirectly attributable to the gross negligence of another party or any person acting for or controlled by another party, to the extent that the law does not allow such an assumption of risk or liability.
12.2 If these Terms and/or any goods and/or services provided under these Terms are regulated by the Consumer Protection Act, it is not intended that any provision of these Terms contravenes any provision of the Consumer Protection Act and therefore all provisions of these Terms must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.