Website Terms and Conditions of Use Relating to www.outerstuff.co.za

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Silvertree Consultants (“Provider”) website located at the domain name www.outerstuff.co.za (“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.

Ownership
Silvertree Consultants with registration number 2007/192723/23 and VAT number 4600264917 is incorporated in South Africa and trades as ‘Outer Stuff™’. For the sake of convenience the name ‘Silvertree Consultants’ will henceforth be used.

Governing law
The law governing these terms and conditions is the law of the Republic of South Africa.

ECT compliance
The ECT Act states that when we offer goods or services by way of certain electronic transactions the following must be made available:

  • Full name: Silvertree Consultants
  • Main business: Ecommerce sales of outdoor and active products
  • Address for receipt of legal service: 10 Lingfield Close, Milnerton Ridge, Western Cape, Cape Town 7441
  • Office bearers: Donovan Bell
  • Webmaster: manni@herheiness.com
  • Website: https://www.outerstuff.co.za
  • Official email address: info@outerstuff.co.za

Electronic communications
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

E-commerce and privacy
The website; www.outerstuff.co.za sells outdoor and active products. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.

Content ownership
All the content on the Silvertree Consultants website www.outerstuff.co.za is owned either by us or our suppliers. We claim all property rights, including intellectual property rights, for this content on behalf of ourselves and our suppliers. You are not allowed to infringe upon those rights.

You agree not to copy content from our website without our written permission. Any requests to use our content should in the first instance be made in writing via our contact page.
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us in writing via our contact page.

Pricing and product information

Every effort is made to ensure the accuracy of pricing and product information. Instances may arise in which a product(s) are priced incorrectly on the website or where the product information supplied is inaccurate.

Silvertree Consultants will not be held bound by the incorrect price(s) in cases where such error(s) occur. Due to fluctuations in exchange rates and consequent variances in our local suppliers’ pricing, as well as the occurrence of periodic supplier price increases, Silvertree Consultants cannot guarantee that the price at which an item is pre-ordered will be the price at which the goods will be sold once stock has landed in South Africa.

In such instances Silvertree Consultants will either refund the customer the price paid or charge the difference in price to the customer should the customer still wish to purchase the product(s).

Silvertree Consultants will not be held responsible for errors in the product information supplied to us by producers or other suppliers.

Delivery
FastWay is our selected courier provider. There is limited 3rd party out sourcing on selected routes.

Delivery will occur between 8am and 5pm, Monday to Friday. You will be given a delivery note, check that you have received all items on the note before signing. If no-one is available to take delivery then the courier will return the parcel back to the depot.

If not all items are delivered please write accordingly on the note and inform the driver. The driver will then be able to take appropriate action.

The product is made of glass and therefore breakages can happen. If any breakages are visible on any of your order. Please do not take delivery of that box. Please point it out to the courier representative and ask him to return to his manager.

Our liability for any delay in delivery is limited to re-delivery at a later agreed time.

Silvertree Consultants accepts online orders for delivery within the Republic of South Africa only.

Cancellations
If the delivery has been shipped before the customer cancels an order then the delivery charge will be retained.

If the customer is unhappy with the product and does not want a replacement, then the product will be picked up and returned, the customer will be refunded for the product returned as according to the terms of our Satisfaction guarantee.

Refunds
Refunds are limited to the price paid.

VAT
VAT is currently charged at 15%. All prices listed by Silvertree Consultants are inclusive of VAT unless otherwise stated.

Warranty/guarantee
All products sold by Silvertree Consultants are sold without warranty or guarantee, save those transactions covered by our ‘Guaranteed Satisfaction’ offer as detailed.

Stock availability
Stock of all goods on offer is limited. Silvertree Consultants shall take all reasonable efforts to discontinue any listings or offers as soon as stock is no longer available. However, should items still be offered after stocks are sold, Silvertree Consultants shall only be liable to refund monies where it is unable to fulfill orders at advertised/listed prices. Where goods are advertised/listed as having an estimated delivery time, or are on pre-order, Silvertree Consultants is not responsible for delays on these estimates. These estimates are merely guidelines and may shift with stock availability, supplier scheduling, or delays in international shipping.

Payment Gateway
All online credit card payments are processed by the Payfast Payment Gateway. Card Holders may go to www.payfast.co.za to view security policies.

Payments
At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. As a protection against fraud, Silvertree Consultants reserves the right to request ID documents, or other documentation to verify a purchaser’s identity. Silvertree Consultants reserves the right to refuse to ship orders to customers refusing to make such information available or whose information is suspicious.

Refunds
We are able to reverse credit card transactions on our payment gateway system. The refund will only reflect on the credit card used and no other method is allowed.

Cheques
Note: Silvertree Consultants does not accept cheques

Silvertree Consultants will only issue refunds as per the method of payment originally utilised by the customer.

Disclaimer
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.

Notwithstanding provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Silvertree Consultants nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.

Furthermore, Silvertree Consultants makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.

Users are encouraged to report any possible malfunctions and errors. This website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Silvertree Consultants that the service available from and through this website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.

Address
Silvertree Consultants current physical and postal address is:
Silvertree Consultants
10 Lingfield Close, Milnerton Ridge
Western Cape,
Cape Town
7441