the Consumer Protection Act 68 of 2008 (“the CPA”) applies to any transaction concluded pursuant to these Terms and Conditions.
Please read these terms and conditions (“Terms”) carefully.
- Order Acceptance
- No Resale
- Intellectual Property
- Listing Errors
- Member Account, Password & Security
- Modifications to Online Service Center
- Disclaimer of Warranties
The Terms govern the use of this site and apply to all purchases made from this site. By:
- Using this site; and/or
- Placing orders or submitting purchase orders from this site, you accept these Terms and conditions as binding.
These General Terms and Conditions of Sale (the “Terms and Conditions”) govern the sale of all products by Traderoot Africa Pty Ltd, (“TRADEROOT” or “we”) through the South African section of https://www.traderootactive.org. Transactions on this Website are available.
1. Order Acceptance
1.1 Users should regard nothing contained in this Website as an offer by Traderoot to sell any products to the user, but rather as an invitation for such user to do business with Traderoot.
1.2 A binding agreement between Traderoot and the user in respect of any Offer will only be entered into at the stage at which Traderoot receives the Offer and confirms its acceptance thereof to the user.
1.3 We may refuse or not accept any order without giving reasons, at any time. Any money already received will be refunded.
1.4 Orders placed by you are irrevocable. Receipt of any order confirmation does not signify our acceptance of your order, nor create any binding purchase contract. We may at any time after receipt of your order accept or decline your order for any reason or make part delivery of any multiple item orders.
2. No Resale
This site is a seller to final end user customers. Goods are not to be purchased for resale in any form.
We are not liable for any loss or damage caused by this website or any website linked to or from this website, or for any failure to accept any order or to deliver any product ordered or for late delivery of any product (other than to refund any purchase price paid to us for products not delivered).
4.1 Products ordered from this site will be delivered to street addresses or PO Boxes. Stated delivery times are estimates only. We are not responsible for incorrectly entered delivery addresses.
4.2 Delivery charges are subject to change. For the avoidance of any doubt the delivery charge that the user shall pay in respect of any Order shall be the delivery charge as reflected on the Website in respect of the Order during the Checkout Process.
4.3 Ownership of the products shall only pass from Traderoot to the user after the user has effected payment of the purchase price in full to Traderoot and such products have been delivered to the user.
4.4 See our Shipping Policy for more information.
Please note that some orders may incur a duty or customs charge. Traderoot are unable to advise this at the time of purchase.
All related duties and customs charges are to be paid by the customer.
Other than as specifically identified in an applicable warranty card in relation to any particular products, we make no express warranties or representations as to any product. To the maximum extent possible at law, our liability under any implied warranties is limited to repair or replacement of products sold (at our option), or if this cannot be effected, refund of the purchase price.
7.1 Once your Offer has been accepted, same will not be capable of being amended or cancelled and you will be held liable for the full value of the Order; provided that if:
7.1.1 section 17 of the CPA applies to your Order, then you shall be entitled to cancel such Order, subject to Traderoot’s right to impose a reasonable charge for the cancellation thereof, in accordance with the provisions of section 17 of the CPA; and/or
7.1.2 section 44 of the ECT Act applies to your Order, then you shall be entitled to cancel your Order within 7 (seven) days after the date of the receipt of the products.
7.2 In the event that the user exercises its rights in terms of clause 7.1 above:
7.2.1 the only charge that may be levied on the user by Traderoot is the direct cost of returning the products; and
7.2.2 if payment for the products has been effected by the user prior to it exercising its right referred to therein, then the user is entitled to a refund of such payment, which refund must be made within 30 (Thirty) days of the date of cancellation.
7.3 Products may only be returned by the user in the following circumstances:
7.3.1 if the product is not defective or an incorrect product is delivered to the user, within 28 (Twenty-Eight) days of delivery of the product to the user; provided that:
7.3.2 the user notifies Traderoot that they are returning the product to it within 48 (Forty-Eight) hours of delivery of the product to the user in the manner contemplated on the following page of the Website: https://www.traderootactive.org ; and
7.3.3 all tickets and tags are still attached to the product; and
7.3.4 the product is in the original saleable condition it was in when delivered to the user; and
7.3.5 the user is in possession of valid proof of purchase of the product.
7.4 In the event of any dispute as to whether the provisions of this clause have been complied with, then such dispute shall be determined by Traderoot, utilising its reasonable discretion; or
7.5 if the product is defective, in which event:
the user will be required to:
7.5.1 notify Traderoot of the defect in the manner contemplated on the following page of the Website: https://www.traderootactive.org (“the Defect Notification”); and
7.5.2 return the defective product to Traderoot together with valid proof of purchase of the product; and
7.5.3 Traderoot shall, at its election and to the extent that Traderoot determines that the product is, in fact, defective, replace the product or alternatively, repay the price;
provided that if the CPA does not apply to the transaction with the user, then the user shall only be entitled to return such defective product within 28 (Twenty Eight) days of delivery of such product to the user and provided further that the user furnished the Defect Notification to Traderoot within 48 (Forty Eight) hours of delivery of the product to the user; or
7.6 if otherwise permitted by law, subject to, if the CPA applies to the transaction with the user, the peremptory provisions of sections 56(2) and (3) of the CPA.
8. Pricing of Products and/or Services
8.1 All prices are in Rand values and are inclusive of value added tax (“VAT”) and exclude delivery charges, unless otherwise stated.
8.2 The price payable for the products shall be:
the amount reflected on the Website in respect of an Order during the Checkout Process; and
delivery fees (if any); and
other additional costs or delivery charges occasioned by the Order.
8.3 All payments in respect an Order shall be effected, without deduction or set-off, and in cleared funds, prior to the delivery of the products
8.4 Pricing of products is subject to change. For the avoidance of any doubt, the price that the user shall pay in respect of any Order shall be the price reflected on the Website in respect of the Order during the Checkout Process.
9. Intellectual Property
9.1 All trademarks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code (collectively, “the intellectual property”) are owned (or co-owned or licensed, as the case may be) by Traderoot, its directors, shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on this Website or the underlying software code whether in whole or in part, without the written consent of Traderoot first being had and obtained, which consent may be refused at the discretion of Traderoot. Permission to use the intellectual property and/or editorial content of and/or graphics on this Website may be granted on a case by case basis and/or in regard to Traderoot’s corporate policies from time to time. No modification of any intellectual property or editorial content or graphics is permitted. Any enquiries in this regard must be directed to Traderoot at firstname.lastname@example.org
9.2 Traderoot grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information contained in this Website on any machine of which the user is the primary user for non-commercial purposes only. Save as aforesaid, nothing contained on this Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Traderoot.
9.3 You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the RSA or other jurisdiction from which you are accessing this Website.
9.4 In particular, you agree that you will not:
9.4.1 post, transmit or disseminate any information on or via this Website, which is or may be harmful, obscene, defamatory or otherwise illegal.
9.4.2 use this Website in a manner which causes, or may cause, an infringement of the rights of any other person.
9.4.3 use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means.
9.4.4 deface, alter or interfere with the front end ‘look and feel’ of this Website or the underlying software code.
9.5 Without prejudice to any of Traderoot’s other rights (whether at law or otherwise), Traderoot reserves the right to deny you access to this Website where Traderoot believes (in its reasonable discretion) that you are in breach of any of these Terms and Conditions.
9.6 Traderoot reserves the right to make improvements or changes to the intellectual property, information, artwork, editorial content, graphics and other materials on this Website, or to suspend or terminate this Website, at any time without notice; provided that any Orders already placed through this Website will not be affected by such suspension or termination (as the case may be).
10. Listing Errors
We’re human and typos happen. In the event a product is listed at an incorrect price or with incorrect information, we may refuse or cancel any orders placed for that product, whether or not the order has been confirmed and your credit card charged. This clause is for clarification only and is not in limitation of our general rights to refuse to accept orders.
This site may contain links to other third party sites on the Internet. We are not responsible for the operation of or content located on or through any such site.
Your access and use of the other sites remains solely at your own risk.
We reserve the right to amend this site and these Terms at any time, without notice, in which case the amended Terms will apply for all orders placed after the change has been made.
13. Member Account, Password & Security
13.1 Please note that only persons aged 18 (Eighteen) years or older may register on, or utilise this Website. Should you be under the age of 18 (Eighteen) years of age, kindly ensure that your parent or guardian registers on this Website.
13.2 You will receive a password and account designation upon completing the MY ACCOUNT registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Traderoot of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Traderoot cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
13.3 Users are solely responsible for the correctness and completeness of information supplied during the registration process and for ensuring that such information is up to date. The user warrants and undertakes that the information supplied during the registration process is true, accurate and correct and, to the extent that Traderoot, its directors, shareholders, employees, contractors, suppliers, partners, affiliates and/or agents rely upon the warranty and undertaking contained herein, the user indemnifies Traderoot, its directors, shareholders, employees, contractors, suppliers, partners, affiliates and agents in respect of any loss, damage or expense of whatsoever nature incurred or suffered by any such party in connection with a breach thereof.
13.4 Any auto-login functionality provided by the website browser utilized by any user is used at the sole risk of the user and should not be enabled on any shared computers.
13.5 Traderoot reserves the right to request that a user change a password where Traderoot has reason to believe that there has been, or is likely to be, a misuse of information or breach of security.
14.1 You agree to indemnify and hold Traderoot and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the website, your use of the website, your connection to the website and my accounts section/s, your violation of the Terms & Conditions, or your violation of any rights of another.
14.2 The user agrees to indemnify, defend and hold Traderoot harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms and Conditions.
14.3 Where Traderoot furnishes the user with specific advice/instructions as to the manner in which any products supplied by Traderoot to the user should be utilised and/or as to the capacity and/or tolerance of any of the products supplied by Traderoot to the user (“the instructions”) the user:
14.3.1 indemnifies and holds harmless Traderoot from any direct or indirect loss, damage, cost, expense or liability suffered by the user; and
14.3.2 indemnifies Traderoot in respect of any claim against Traderoot by any third party under section 61 of the CPA,
by virtue of the user or any such third party to whom the products are supplied by the user or who utilises such products, not adhering to, or using the products contrary to, the instructions.
15. Modifications to Online Service Center
Traderoot reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that Traderoot shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.
16.1 You agree that Traderoot may, under certain circumstances and without prior notice, immediately terminate your Traderoot account and access to the website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the website.
16.2 Termination of your Traderoot account includes (a) removal of access to all offerings within the website, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the website. Further, you agree that all terminations for cause shall be made in Traderoot’s sole discretion and that Traderoot shall not be liable to you or any third party for any termination of your account or access to the website.
17. Disclaimer of Warranties
You expressly understand and agree that
17.1. Your use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis. Traderoot and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement
17.2. Traderoot and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the ONLINE SERVICE CENTRE will meet your requirements; (ii) the website will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the website will be accurate or reliable; (iv) the quality of any products, website, information or other material purchased or obtained by you through the website will meet your expectations; and (v) any errors in the software will be corrected.
17.3. To the maximum extent permitted in law, Traderoot, its directors, shareholders, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any loss, whether direct or indirect, consequential or otherwise, arising from information made available on (or by means of) the Website (or any of the pages therein contained) and/or transactions or actions resulting therefrom (including any Offers and/or Orders
17.4. To the maximum extent permitted in law, Traderoot, its directors, shareholders, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any costs, expenses, fines or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the access to, or use of this Website in any manner.
17.5. Any material downloaded or otherwise obtained through the use of the website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
17.6. No advice or information, whether oral or written, obtained by you from Traderoot or through or from the website shall create any warranty not expressly stated in the Terms & Conditions.
18.1 Each of the parties chooses their domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms and Conditions as being:
18.1.1 in the case of Traderoot, at the email email@example.com or physical addresses: Ground Floor, Waterford House, Century Boulevard, Century City, 7441; and
18.1.2 in the case of the user, at the e-mail and delivery addresses provided by the user to Traderoot in the registration process.
18.2 Any notices to any party will be sent via prepaid registered post, delivered by hand or sent by e-mail. Unless the contrary is proved, any notice:
18.2.1 sent by prepaid registered post will be deemed to have been received on the 3rd (Third) Business Day after posting;
18.2.2 any notice delivered by hand on a Business Day will be deemed to have been received on the date of delivery; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (First) Business Day following the date of delivery;
18.2.3 communicated by email will be deemed to have been received on the same day of transmission; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (First) Business Day following the day of communication.
18.3 For the purposes of clause 5.5 above and this clause 19, the term “Business Day” means any day other than a Saturday, Sunday or proclaimed Public Holiday in the RSA.
18.4 Each of the parties will be entitled from time to time, by written notice to the other to vary its domicilium to any other address in the RSA which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
18.5 Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
18.6 Your access and/or use of this Website, any downloaded material from it and the operation of these Terms and Conditions (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the RSA.
19. Advertising and sponsorship
This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations, including, for the avoidance of any doubt, the CPA. Traderoot, its directors, shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material on this Website .