Terms & Conditions – Kloppers
Kloppers

Terms and Conditions for the Kloppers Online Shop

Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

We reserve the right to: Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or.

Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Third Party Links:

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Product availability:

Lead time is dependent on stock availability. Should we have stock available, orders will be dispatched the same day provided payment is validated/received before 14:00 hours. Should the product not be in stock it will take approximately 10-20 working days (plus freight transit time) for the sale to be processed. This would be communicated to the customer and therefore be the customer’s choice to continue with the sale or request a refund. Kloppers’s internal stock and pricing system is susceptible to errors an we reserve the right not to honour and fulfill an order. In the event of a product not be available and discontinued the customer will be refunded in full.

Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence the Kloppers eCommerce team will contact the customer via email and provide a revised shipping schedule.

Order Processing

Order processing will not begin until we receive a confirmed order and full payment and therefore important provide the customer to provide the needed proof of payment documents when an order is placed. This will not be needed in the payment using a credit card or the instant EFT option.

All www.kloppers.co.za (Kloppers) online orders will be processed, fulfilled and shipped from one location, the Kloppers branch in Bloemfontein, South Africa. All www.klopperssport.co.za (Kloppers Sport) online orders will be processed, fulfilled and shipped from one location, the Kloppers branch in Brackenfell, South Africa. Orders cannot be shipped from other branches.

The shipping and courier costs for firearms will be quoted once the customer receives the license for the purchased product. No firearms can be sold in South Africa without a license, therefore the sale will be concluded when the customer receives his license (for specific product purchased) and then either be collected from our Bloemfontein branch, or be shipped to the customer.

Firearm sale cancelation will include a 30% handling fee. In the case of a firearms licensing application not being successful, there will be a 15% handling fee (pending a second application for the failed license).

Payment Options and Pricing

Pricing and stock availability are only applicable to online purchases and may differ from pricing and product ranges in our individual stores. This includes Black Friday and other promotions.

All Prices include VAT.

All transactions will be processed in South African Rands (ZAR).

Kloppers endeavours to offer you competitive prices on current products; you’re total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping). Kloppers reserves the right to change pricing at any time without prior notice.

Obvious pricing errors and pricing glitches will not be honoured by Kloppers and will refund purchase completely back to the client.

Security Policy

Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.

Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.

The Merchant does not have access to credit details.

Virtual Card Services continually reviews and enhances its security in line with technological changes.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. 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.

Consent

I understand that all the designs and trademarks are registered to Kloppers and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Kloppers for any civil action or any legal action deemed necessary against me.

  • This agreement will be applicable to all personal information as defined in the Protection of Personal Information Act, 4 of 2013 (“POPI”). 
  • By either Party submitting any personal information to the other, the disclosing Party unconditionally and voluntarily, consents to the processing of the submitted personal information for any and all purposes related to this agreement. 
  • The Parties agrees and consent that its personal information may be processed by, or on behalf of either of the Parties for the purposes set out in the Agreement.  
  • The Parties shall at all times comply with its obligations and procure that each of its Affiliates comply with their obligations under POPI. 
  • The Parties shall ensure that any personal information that is processed by it in the course of performing its obligations under the Agreement is done in accordance with POPI.  
  • Each Party shall not process, disclose, or use personal information except: 
    1. to the extent necessary for the provision of Services and/or Products under the Agreement; or 
    1. to fulfil their own obligations under the Agreement; or 
    1. as otherwise expressly authorised by the other Party in writing.   
  • Each Party shall not disclose any personal information to any Third Party without the other Party’s prior written consent in each instance, other than to the extent required by any Regulatoror Law.   
  • In the event the other Party providing such consent necessary for the disclosure of personal information to a Third Party, each Party shall: 
    1. make such disclosure in compliance with POPI; and  
    1. enter into a written agreement with the applicable Third-Party recipient of such personal information that requires such Third Party to safeguard the personal information in a manner no less restrictive than each Party’s obligations under these terms.  
  • The Parties shall implement and maintain an effective security safeguards that includes, but is not limited to administrative, technical, and physical safeguards, and appropriate technical and organisational measures, in each case, adequate to insure the security and confidentiality of personal information, and to protect against any anticipated risks to the security or integrity of personal information, protect against unauthorized access to or use of personal information,protect personal information against unlawful processing or processing otherwise than in accordance with this agreement, and protect against accidental loss, destruction, damage, alteration or disclosure of personal information.   
  • Without limiting the foregoing, such safeguards and measures shall be appropriate to protect against the harm that may result from unauthorised or unlawful processing, use or disclosure, or accidental loss, destruction, or damage to or of Personal Information and the nature of the personal information, and shall maintain all safeguard measures as is required by POPI.  
  • Each Party shall not use, process, store, transfer or permit access to any personal information across the borders of South Africa, without the written consent of the other Party.  
  • In the event of any actual, suspected, or alleged security breach, including, but not limited to, loss, damage, destruction, theft, unauthorized use, access to or disclosure of any personal information, each Party shall: 
    1. notify the other Party as soon as practicable after becoming aware of such event; 
    1. provide the other Party will all information regarding the breach in the Party’s knowledge and possession to allow the Party to ascertain what has occurred and which personal information has been affected.  
    1. promptly take whatever action is necessary, at each Party’s own expense, to minimise the impact of such event and prevent such event from recurring.
  • The Client hereby consents to the Company sharing the personal information as provided for herein cross border. Should the Client’s personal information be shared cross border, the personal information will not be subject to less protection than it enjoys in terms of South Africa’s data privacy laws.
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South Africa