YOU MUST BE OVER THE AGE OF 18 YEARS TO ORDER PRODUCTS FROM THIS WEB SITE.
Terms of Entry
By entering this website you acknowledge:
That you are 18 years of age or older. That you are about to view material of an adult nature which is not appropriate for children under the age of 18 years. That you will not hold Media Etc liable for any claims, liability, losses, costs, damages, or expenses arising from my use of or participation in this service or the information contained therein. That you can stop viewing the material contained on the website at any time by logging off and not returning. That you are freely entering this site and that the use of this site, its related sites and links is done solely for your personal use. That you expressly agree not to show, distribute, forward, copy or in any manner publish or copy the contents of this site, its related sites or links to any third party, in particular minors. That by bookmarking a page on this server/site whereby the entry warning page is bypassed shall constitute an implicit acceptance of these terms, conditions and notices. That if you violate the above terms and conditions of entry you agree to indemnify and hold harmless Media Etc, it's officers, employees, agents, suppliers and related sites and links from any and all damages, judgments, settlements, attorney's fees and costs arising from or connected with any and all claims from third parties.
This website is operated by Club Digital cc trading as Media Etc (hereinafter referred to as "we", "us" or "our"). Please read these terms and conditions carefully. By submitting an order on this website you are agreeing to the terms that appear below (as amended from time to time). The terms that will govern your purchase will be those in effect at the date of your order.
The site is hosted and managed in the Republic of South Africa, and therefore governed by South African law. Purchases made from the site are subject to the terms and conditions of this Agreement, to the exclusion of all other terms. By shopping or browsing on this site, you acknowledge that you have read, understood and agreed to be bound by this Agreement, and the other policies displayed on this site.
We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions and which offer we will be entitled to accept or reject for any reason whatsoever, without any recourse.
Competition Rules
The competitions on the Lola Montez website are open to all residents of the Republic of South Africa over the age of 18 years. This excludes employees of Media Etc, Lola Montez, and their immediate families. The competition closing dates are as advertised on the Competitions page of this website. Prizes are as advertised on the Competitions page of this website. Entrants are required to SMS WIN LOLA MONTEZ TO 33003 at least once before the closing date in order to be eligible to win. Each SMS costs R1.50. The prize is not transferable for cash. Entrants expressly declare that they do understand these Terms and Conditions and are duly authorized to participate in the competition. In the event of a dispute, the judge’s decision will be final. We will not enter into correspondence.
Description of Goods
All images, descriptive matter, specifications and advertising on our site are provided for the sole purpose of giving an approximate description of the goods. Full detailed specifications are available from us on request or from the manufacturers or their websites (where available).
Product Sales and Availability
All products displayed on this site are subject to availability and will be delivered only within the Republic of South Africa. All prices displayed on the site are quoted in South African Rands and are valid and effective only in the Republic of South Africa. Media Etc reserve the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations.
We have made every effort to display as accurately as possible the colours of the products that appear on the site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.
Prices
Although we will use our best efforts to ensure that prices reflected on the website are accurate and current, prices change and are subject to change without notice. In the event that the price to be charged is more than the price reflected on the website, in respect of any goods, we will advise you thereof, by email, prior to delivery thereof, thus giving you the opportunity to accept or reject any higher price. Emails sent to you but not responded to within 7 (seven) days of us sending the email will be deemed to be an acceptance of the higher price.
Value Added Tax
Value added tax at the rate of 14% is charged on all goods.
Payment Terms
Payment to us will be made by way of credit card (Master Card, Visa, Diners Club or American Express), cash or bank transfer. No cheque deposits will be accepted.
Media Etc shall be authorised to debit the aggregate amount payable for the products ordered against the authorised Payment Card supplied by you when completing your order. Media Etc shall be entitled to debit your Payment Card on acceptance of your order and prior to delivery. By submitting your order, Identity Number and Payment Card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the Payment Card and that there are sufficient funds available to pay for the order.
If the buyer selects to pay via bank deposit, instructions will be given on how to deposit monies into the Media Etc bank account.
We will not deliver any goods ordered by you unless payment from you has been received and if necessary cleared by us.
Delivery Charges
We will charge to deliver all goods purchased from us. Delivery charges will vary, depending on where the delivery is to be effected, and the products ordered. Delivery charges will need to be paid for together with payment for the goods.
Delivery Periods and Delays
Goods purchased on this site are delivered nationwide within 14 days of you placing your order. We will contact you if a delivery is going to take longer than we would normally expect. We will endeavour to deliver goods within these time periods, but goods are subject to availability and delay in the delivery of goods is frequently in the hands of a third party and sometimes outside our control. Carriers cannot specify an exact hour of delivery. Any dates we specify for the delivery of goods are approximations only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay in the delivery of the goods. Our failure to meet approximate delivery dates will not be grounds for you to cancel the sale. Some orders may be delivered in more than one drop. We will only deliver goods to the address on the order and goods will not be left without a signature. You are required to make all the necessary arrangements to take delivery of the goods whenever they are tendered for delivery. If you are not at home on the date that has been agreed and the delivery agent cannot contact you, we reserve the right to charge you for the re-delivery.
Risk
The risk in the goods shall pass to you, the customer, on arrival at the delivery address, as advised by you.
Refunds Policy
Media Etc has a 14 day refund policy whether your payment was by credit card or direct deposit. If the item is returned to us in its original condition, unopened in the original box, within 14 days of the date you received the item, we will exchange it or offer you a refund based on your original method of payment. Refunds will only be processed upon written confirmation from a customer. Please remember, if payment was made by direct deposit, to include your bank account details. Please note, no interest is paid on any owed amounts.
Where you are withdrawing from your purchase within the 14 days, and there has been no error on our part, we will refund only the cost of the item. We will not refund the cost of delivery or other services provided to you in connection with your purchase.
We can only accept the return of opened items if they are faulty. If Media Etc supply the wrong product or if the product is in any way faulty or damaged, Media Etc will exchange it for the correct one within 14 days of receipt by the customer. Media Etc will make a reasonable effort to exchange the product, but if replacement is not possible, Media Etc will refund the purchase price including delivery cost.
Media Etc must be contacted and notified of a defective / wrong item within 48 hours of receipt thereof to be considered for an exchange or refund.
Please note that the wrong / defective item must be returned to Media Etc within 14 days of receipt of the item.
Security Policy
Media Etc takes every precaution to protect your payment details. On ordering, where you are asked to enter your card information, that information is encrypted and protected with the best encryption software in the industry - SSL (Secure Socket Layer). (While on an encrypted page, the lock icon at the bottom of browsers such as Internet Explorer and Netscape becomes locked.) Furthermore, your payment information is never stored on our servers. By using our site, you agree to the terms of the above Security Policy.
Privacy Statement
We are committed to protecting your privacy. We will only use the information that you provide, for lawful purposes. We obtain information about you only to process your order and provide you with the best possible service. We will endeavour to ensure that the information we hold will be accurate and up to date and we agree keep such information secure. For the purpose of this clause, personal information shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). PAIA may be downloaded from:
http://www.acts.co.za/prom_of_access_to_info/index.htm
Cookies
A cookie is a small piece of information stored by your browser (for instance, Internet Explorer or Netscape) on your computer. It can contain your name, the contents of your shopping basket, and your payment information in an encrypted format, which can be recalled when you return to any Media Etc site to speed up your identification, and therefore your ordering and delivery processes. You can choose to prevent the site from accessing this information by disabling your cookies in your browser options.
Third Parties
Media Etc will make sure that your personal information is kept strictly confidential and is not disclosed to third parties. Moreover, we will only contact you with news of special offers and promotions if you've indicated you would like to receive them. However, we may release account information when we believe, in good faith, that such release is reasonably necessary to a) comply with law, b) enforce or apply the terms of any of our user agreements, or c) protect the rights, property or safety of Media Etc, our users, or others.
Restrictions on use of Material
No material from Media Etc or any website owned, licensed or controlled by Media Etc may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Media Etc. Modification of the materials or use of the materials for any other purpose is a violation of Media Etc's copyright and other rights.
Trademarks
All company names, logos, trademarks, product names, images or photographs displayed in this website are the property of their respective owners.
Advertising and Links
External hyperlinks may be provided on the site. You shall not interpret such hyper linking as constituting any relationship between Media Etc and any linked third party or any endorsement by Media Etc of such third party and use of or reliance on any external links provided is at your own risk.
Advertising and other promotional material will appear on the site from time to time. You shall not interpret such advertising or promotional material as constituting any relationship between Media Etc and any third party placing such advertising or promotional material on the site or any endorsement by Media Etc of such third party and use of or reliance on any such material is entirely at your own risk.
Amendment to Terms
Media Etc reserves the right to amend these terms and conditions without notice.
Disclaimer
It is our intention that all information on this website is as accurate and up to date as possible. However, we cannot guarantee this. We shall have the right to refuse or cancel any orders to take account of any increase in our suppliers' prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. Errors on our website are rare, but mistakes can happen. In the unlikely event of an error in price being made on our website, we will contact you and give you the opportunity to amend or cancel your order. If your credit card has already been charged and we subsequently cancel your order, we will immediately issue a credit to your credit card account in the value of the incorrect price (including delivery charges). We will not be liable for any injuries or financial loss from accidents related to the order or loss of time and monies resulting from delays, non-deliveries and wrong delivery. Price and availability information are subject to change without notice.
Media Etc and its employees and agents accept no responsibility whatsoever for any damages caused by any means howsoever to any person or property upon the delivery, removal, return, installation of goods or for any other reason whatsoever. We do not accept responsibility for time or earnings lost or for any other consequential loss.
You expressly agree that use of the site or the Internet is entirely at your own risk. The site and its contents are provided on an "as is" and "as available" basis and Media Etc make no representations or warranties of any kind, whether express or implied, including without limitation with respect to the site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times. Media Etc disclaim all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.
Media Etc do not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or the server that makes it available are free from viruses or other harmful components.
Save as expressly set out herein, Media Etc shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with Media Etc’s negligent (including grossly negligent) acts or omissions or those of their employees, agents or designees or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by you, the recipient of the Products or services, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the products or services.
Media Etc, their directors, employers, designees, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the site (including any information contained thereon) or the Internet.
You will indemnify Media Etc and keep them fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this Agreement and/or in relation to receipt of Products or services supplied by Media Etc pursuant to any such order.
Notwithstanding any other provisions contained herein, Media Etc’s liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than double the monetary value of the order in respect of which any such dispute or claim arises.
General
Terms
The content contained on the site may be used by you for your own personal, non-commercial shopping and information purposes only. In using the site you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the site and you shall indemnify Media Etc for any damage caused by any such act attributable to you.
Media Etc suspend the site or any part thereof or terminate your account at any time if Media Etc should determine that you are not using the site in compliance with this agreement or if Media Etc believe the information provided by you is untrue, inaccurate or incomplete. In any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining terms.
This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by Media Etc to you shall not be construed as a waiver or variation of any of our rights or remedies. At the option of Media Etc, any dispute arising out of the Agreement may be brought in any Magistrates' Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.
You may contact us by mail at the following address:
Media Etc
7 Cavan Street
Kensington
Johannesburg, Gauteng
2094
South Africa
You may contact us by e-mail at
info@mediaetc.co.za
.
You may call us on +27 11 614 5905.