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Terms And Conditions

Obaro provides the information contained on this website and the pages comprising the website and advertises and sells the products to You, subject to these Terms and Conditions.  There may be legal notices on other areas of this website which relate to Your use of the website, all of which will together with these Terms and Conditions and Obaro's Online Privacy Notice govern Your use of this website.

 

Please read these Terms and Conditions carefully and should You have any queries, please email us at online@obaro.co.za.

 

1.         DEFINITIONS

            In these Terms and Conditions the following words shall have the following meanings:

 1.1      "Obaro" shall mean Obaro Retail (Pty) Ltd, registration number 1998/001675/07, a private company duly incorporated in the Republic of South Africa;

1.2      "You/Your" shall mean any user who makes use of this website to purchase products from Obaro;

1.3      "Website" shall mean this Website used by You to purchase products from Obaro;

1.4      "Online Privacy Notice" shall mean Obaro's online privacy policy which can be accessed through this link Privacy Policy.

 

2.         ACCEPTANCE

2.1      These Website Terms and Conditions apply to Your use of the Website at www.shop.obaro.co.za

2.2      By accessing, browsing, using or registering with this Website, You confirm that You have read, understood and agree to these Website Terms and Conditions in its entirety.

 

3.         ACCURACY OF CONTENT OF THE WEBSITE

3.1      Although Obaro has taken all reasonable steps to ensure that each product described or depicted on this Website and any other information (including pricing) displayed on the Website is current, complete and accurate, content errors may occur and for this reason the information displayed on the Website is provided without any guarantees or warranty as to its accuracy. 

3.2      Some descriptions or photographs of products and packaging may be of a generic nature and not specific to the particular product.  If You need more information regarding a specific product, please send an email to online@obaro.co.za for assistance.

 

 4.         WEBSITE REGISTRATION

4.1      As an unregistered user You will be able to browse the products offered on the Website as well as add them to Your cart.  You will however be required to login with Your username and password on checkout. 

4.2      If You do not have a username and password You will be required to register on the Website.  Registration requires You to fill out a short form which will create login details. 

4.3      Once the registration is complete and You are logged in You will then be able to check out.  The checkout process requires credit card details or Obaro account details.

 

5.         PASSWORD AND ACCOUNT SECURITY

5.1      You are responsible for maintaining the confidentiality of Your password and account and any activities that occur on Your account. 

5.2      Obaro shall not be liable to any person for any loss or damage which may arise as a result of any failure by You to protect Your password or account.

 

6.         ACCURACY OF CONTENT

            Obaro does not give any warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. 

 

7.         YOUR PERSONAL INFORMATION

7.1      These Website Terms and Conditions are in addition to the terms of Obaro's Online Privacy Notice which explains what personal information we collect about You when You use the Website, and You can view our Privacy Notice online by clicking here Privacy Policy

7.2      When You agree to these Website Terms You shall be deemed also to have read, understood and agreed to our Privacy Notice in its entirety.

 

8.         PROCEDURES FOR ORDERING

8.1       Placing an order

8.1.1   Once You have selected the product/s You wish to buy and submitted Your online order, You will be shown an order summary page and given the opportunity to review the ordered items and correct any mistakes, before proceeding. 

8.1.2   By clicking on the "Place an Order" button You will have confirmed Your online order which constitutes an offer to purchase the product subject to these Terms and Conditions.

 

8.2       Confirming an order

8.2.1   Once Obaro has received Your online order, Obaro will formally confirm or notify You of acceptance of the order via email.  Technical or other problems may delay or prevent such confirmations.  Please do not send and additional order if You do not receive confirmation from Obaro as this may lead to a duplicate transaction.  Should You not have received Your order confirmation within 5 business days, please send an email to info@obaro.co.za.

 

8.3       Cancellation of an order, exchanges and refunds

8.3.1   You cannot cancel an order once You have clicked the "Place an Order" button and payment is processed. 

8.3.2   You are entitled to return the product subject to the following conditions:

8.3.2.1       Refunds or exchanges of items purchased from the Website may be done at any of Obaro's store which can be located here;

8.3.2.2       Obaro will refund you or exchange the product provided that:

                   -    there is a valid proof of purchase;

                   -    it is within 30 days of purchase;

                   -    it is in its original packaging or condition.

8.3.3   Products will be repaired, replaced or refunded subject to supplier warranties if faulty, provided that:

-    the product was used in accordance with the manufacturer's terms of use and there is no evidence of structural damage or abuse;

-    the original components and accessories are also returned.

8.3.4   Obaro shall not be liable to You or any third party for any loss or damage of whatsoever nature in the event that You request that an order be stopped or cancelled. 

 

8.4       Pricing

8.4.1   Obaro will take all reasonable steps to ensure that prices reflected on the Website are accurate. 

8.4.2   You will be charged the prices reflected on the Website. 

8.4.3   Prices are quoted in South African Rand and include Value-Added Tax (VAT).

8.4.4   Special promotions may be limited to separate offer conditions and stipulations. 

8.4.5   Prices on the Website are online only prices and may differ from prices in Obaro stores.

 

8.5       Stock Availability

            Products displayed on this Website are subject to availability.

 

8.6       Collection of purchase

8.6.1   Products purchased must be collected at Obaro stores.

8.6.2   Products can take anything between 2 and 15 business days to reach an Obaro store for collection.

 

8.7      Although Obaro makes every effort to ensure that the information supplied on the Website is accurate, delays and out of stock situations may occur.

 

8.8      Obaro reserves the right to refuse to accept or process payment on any order, and may cancel any order if it reasonably suspects that fraud is being perpetrated on Your account, without accepting liability which may arise as a result of its refusal to process any order.

 

9.         PAYMENT

9.1      Obaro will debit the total value of your purchase against the payment card tendered at the time of your transaction. 

9.2      Obaro currently accepts all South African credit cards (Visa and MasterCard) as well as instant EFT using i-Pay.

 

10.       COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

10.1    Copyright and all intellectual property rights in all materials, texts, drawings, graphics, logos, icons and any data made available on this Website ("the materials") are owned by Obaro or its content suppliers and therefore protected by both South African and international intellectual property laws.

10.2    Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights. 

10.3    You may only use the materials or any component thereof for Your information purposes or for the purposes of ordering products from Obaro.

10.4    The trademarks, names, logos and service marks (collectively "trademarks") displayed on this Website are registered and unregistered trademarks of Obaro. 

10.5    Nothing contained on this Website should be construed as granting any licence or right to use any trademark without Obaro's prior permission.

 

11.       USE OF WEBSITE

11.1    By accessing and using the Website, You warrant and represent to Obaro that You are legally entitled to do so and to purchase any of the products offered for sale through the Website. 

11.2    You further warrant that all the details You have given are true and correct and that You have the legal capacity to conclude this transaction. 

11.3    If You are younger than 18 years of age You warrant that You have the consent of Your parent or legal guardian to enter into this agreement with Obaro or that You have obtained legal status in another manner.

11.4    Obaro may, in its sole discretion and without the need to give reasons, at any time suspend or terminate the operation of the Website without prior notice to You.

 

 12.       ADDRESS FOR SERVICE

12.1    The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any amount and the service of any process is the address set out in clause 13.1. 

12.2    Obaro shall be entitled from time to time, by giving notice to You, to vary its physical address for service to any other physical address within the Republic of South Africa.

 

13.      DISCLOSURE REQUIRED IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002

13.1    Full name:     Obaro Retail (Pty) Ltd

            Registration number:  1998/001675/07

            Physical address:    45 Van Velden Street, Brits, 0250

            Telephone number:  +27 (0) 12 381 2800

            Website address:  www.obaro.co.za

            Email address:  info@obaro.co.za

            VAT registration number:  756/07/1262/4

            Physical address for receipt of service:  45 Van Velden Street, Brits, 0250

13.2    A full record of your transaction can be accessed by logging in and clicking on the My Orders tab in My Account. 

13.3    You may request a record of your transaction for up to 90 days after which Obaro will not be obligated to keep any records of your transactions.

 

14.       GENERAL

14.1    Obaro shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.

14.2    All provisions of these Terms are severable from each other.

14.3    Any provision of these Terms which is or becomes unenforceable whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, to the extent that it is so unenforceable, be excluded from the agreement between You and Obaro and the remaining provisions of these Terms shall remain in full force and effect.

14.4    Should Obaro be prevented from fulfilling any of its obligations to You as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Obaro is so prevented from fulfilling them.  In the event that such event continues for more than 14 days after it has first occurred, Obaro shall be entitled, but not obliged, to terminate all of its rights and obligations in terms of or arising out of these Terms by giving notice to You.

14.5    An event outside the control of Obaro shall mean any event or circumstance whatsoever which is not within the reasonable control of Obaro including, but not limited to, vis major, any act of God, strike, theft, riots, explosion insurrection or other similar disorder, war or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.

14.6    These terms shall be governed and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. 

14.7    You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.

 

15.       ENTIRE AGREEMENT

            These Website Terms and Obaro's Privacy Notice, set out the entire agreement between You and Obaro and supersede any and all prior terms, conditions, warranties and/or representations.