Terms and Conditions

Introduction

The Terms and Conditions set below (“the T&C”) govern your (“the User”, “the buyer”, “visitor”, “you”) use of Rivolt (“Provider””, “Rivolt”, “us”) website located at the domain name www.rivolt.co.za and related mobi-sites and software applications (“the Website”). These Website Terms and Conditions govern the sale of Goods (as defined below) and the use of the Website. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without Rivolt’s  consent. If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you. If there is any provision in these T&C that you do not understand, it is your responsibility to ask us to explain it to you before you accept the T&C or continue using the Website. Rivolt reserves the rights to change, modify, add 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. Rivolt may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

Registration and use of the website

Only registered users may purchase Goods on the Website. To register as a user, you must provide a unique username and password and provide certain information and personal details to Rivolt. You will need to use your unique username and password to access the Website in order to purchase Goods. You agree and warrant that your username and password shall:

1. be used for personal use only; and
2. not be disclosed by you to any third party.

For security purposes you agree to enter the correct username and password whenever purchasing Goods, failing which you will be denied access. You agree that Rivolt will accept and process your order for Goods (subject to payment being received) once the correct username and password have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent and that you will be liable for payment of such order, save where the order is cancelled by you in accordance with these T&C. You agree to notify Rivolt immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these T&C and to be liable and responsible for you and all your obligations under these T&C. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized Company representative.

Returns

Please refer to our Exchange / Returns / Refund Policy for more information about returns (and related refunds, replacements or repairs).  The Exchanges & Returns Policy is incorporated by reference and therefore form part of these Terms and Conditions.

Conclusion of sales and availability of stock

Registered users may place orders for Goods as long as the Goods are available and have not been sold out. Placing goods in a shopping basket without completing the purchase cycle does not constitute an agreement of sale and/or an order for such goods, and as such, goods may be removed from the shopping basket if stock is no longer available. You cannot hold Rivolt liable if such goods are not available when the purchase cycle is completed at a later stage. An agreement of sale between you and Rivolt will come into effect upon completion of an online order on the Website and payment or payment authorization is received by Rivolt to the satisfaction of  Rivolt (the “sale”). Rivolt may, in its sole discretion, accept the cancellation of an order by you, on sufficient cause shown and on a case by case basis. In which event the provisions set out in this clause in respect of refunds and returns will similarly apply. You acknowledge that stock of all Goods on offer is limited. In the case of Goods offered for sale by Rivolt, Rivolt will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock and we will only be liable for delivery of the Goods when the Goods are available. When Goods are no longer available after conclusion of a sale, Rivolt will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

Payment

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology. The Goods are offered for sale by Rivolt and payment can be made for Goods via –

• debit card;
• credit card: where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization your purchase of the Goods will be cancelled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
• direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 (two) days of placing your order. Rivolt will not execute the order until receiving confirmation that payment has been received;

Delivery of goods

Please refer to our Shipping Policy for more information about shipping. The Shipping Policy is incorporated by reference and therefore form part of these Terms and Conditions.

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence) we shall not be liable for any loss, claim or expense relating to a transaction based on any error. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@rivolt.co.za or by contacting 08600 1 7447.

Privacy Policy

We respect your privacy and will take reasonable measures to protect it. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

• your name and surname;
• your email address;
• your physical address;
• your mobile number

Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognize repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behavior and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie.

You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

The purposes for which we will use your personal information are as follows:

• in relation to the sale and delivery of Goods;
• to contact you regarding current or new Goods or services (provided you have consented to receiving such marketing material);
• to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material)

Rivolt will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is –

• required in order to comply with applicable law, order of court or legal process served on Rivolt; and/or
• disclosure is necessary to protect and defend the rights or property of Rivolt.

We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, for the sale of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information. We will treat your personal information as strictly confidential, take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access. we will provide you with access to your personal information to view and/or update personal details. We will notify you if we become aware of any unauthorized use, disclosure or processing of your personal information and will provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and upon your request, promptly return or destroy any and all of your personal information in our possession or control. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. Rivolt undertakes never to sell or make your personal information available to any third party unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Rivolt reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Rivolt, Rivolt shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Changes to this Terms and Conditions

Rivolt reserves the rights to change, modify, add 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.

Copywrite & Ownership

The contents of the Website, including any material, information, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Rivolt, its advertisers and/or sponsors and/or is licensed to Rivolt. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us at 08600 1 7447 or e-mail info@rivolt.co.za

Limitation of liability

Our Website sells Electronic Goods and accessories online.  The use of any product or service bought from this Website is at the purchaser’s risk. The buyer/ user indemnifies and holds Rivolt harmless against any loss, damage or liability, whether direct, indirect or consequential in nature which may be sustained as a result of using the products sold on the Website or in connection with your access to or use of the Website.

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Rivolt nor any holding company, affiliate or subsidiary of Rivolt, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Rivolt is expressly advised thereof.

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Rivolt uses this information to determine use of the Website, and to improve content thereon. Rivolt assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.  All visitors to the site will be able to see the products on offer, but only those who have registered for an account on www.rivolt.co.za are able to buy.

Choice of Law

This Website is controlled, operated and administered by Rivolt from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

Availability and Termination

Rivolt will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you. Rivolt may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Rivolt will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

Rivolt Information

For the purposes of the ECT Act, Rivolt’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

• Full name: Rivolt Technologies cc, a private company registered in South Africa with registration number 2003/034468/23
• Main business: Wholesale and Online retailer
• Physical address for receipt of legal service:411 Long Ave. cnr Oxford Rd. Ferngate Business Park, Unit 3, Ferndale, Randburg Johannesburg, 2196
• Postal address: Same as physical address
• Office bearer: Iva Craven
• Phone number: 08600 1 7447 / 010 5000 550
• Official email address: info@rivolt.co.za