The following represent the Terms and Conditions for using The RacketShop website (www.theracketshop.co.za) and by accessing the website and/or placing an order with The RacketShop you agree to be bound by these Terms and Conditions every time you access the website or place an order with The RacketShop.If, for some reason, you do not agree with these Terms and Conditions, then you must not access or use this website.
In reading these Terms and Conditions, the following definitions apply:
|refers to users of the Website in general and collectively.
|means the website of The RacketShop at www.theracketshop.co.za or
any subsequent URL or domain that replaces this
|refers to a product or service that is displayed for sale on the
|“User generated material”
|means any material of any kind that the general public including you
as the user may submit to The RacketShop, including (but not limited to) text, files, images, videos or sounds (it does not include the personal information you provide when you place an order or register, or if you subsequently change that information).
Ownership of the site
This site is owned and operated by Erf 1263 Parkview Extention1 Proprietary Limited, registered office – 15 Fricker Road, Illovo Boulevard, Johannesburg, 2116, trading as “The RacketShop”). All rights in this website are owned by The RacketShop and any unauthorised copying, use or modification is strictly prohibited.
Ordering goods through this website
All orders placed through this website are subject to The RacketShop accepting the order. You will first receive an email confirming that your order has been received and a second email confirming that your goods have been dispatched. Please note that the first email confirming receipt of your order does not constitute acceptance of the order by The RacketShop. Your order will be accepted upon receipt of payment by The RacketShop and once an email confirming your dispatch details is received by you. Legal title in the goods will pass to you upon delivery of the purchases. All purchases are subject to stock availability and if your order cannot be fulfilled due to unavailability of stock, you will be contacted with a replacement offer at the same quality or above for the same price. If subsequently you do not wish to accept the alternative offer, The RacketShop reserves the right to cancel this order.
Order processing and payment
On submitting your order, The RacketShop will charge your credit or debit card for the full amount, but if it is not possible to process your order for any reason, or you wish to cancel your order, then The RacketShop will refund the amount back onto the card that you used to place your order. If you wish to pay via an EFT you will be responsible for sending the proof of payment to The RacketShop and once the payment is reflected in our banking account the purchases will be dispatched.
The RacketShop staff continuously monitor this website to ensure that as far as possible, it is error free. However, there may be instances where product description, image or pricing errors may occur. If such an error occurs after you have submitted an order to The RacketShop you will be contacted before your order is accepted, to confirm the correctness of this order. You are then entitled to either cancel or re-confirm the order based on the correct information.
The RacketShop will attempt to contact you using the contact details supplied when you placed the order. If The RacketShop is unable to contact you a message will be sent requesting you to contact The RacketShop. If no response to this message is received from you within 48hours, this order will be cancelled automatically.
While The RacketShop will take all reasonable care to keep the details of your order and payment secure, The RacketShop will not be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from this website.
All prices shown on this website are VAT inclusive where applicable and delivery charges are calculated and displayed clearly on the checkout page.
Delivery charges are highlighted within the checkout process and displayed clearly on the checkout page.
Every effort will be made to have your purchases delivered in the time specified, but The RacketShop cannot guarantee delivery within that timeframe or accept liability for deliveries made outside this timeframe, whether by the couriers, or by its suppliers where products are dispatched by them directly to you. Liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries will not be accepted.
You will be required to sign for your purchases on receipt to acknowledge that you have received them. Please note that if, you requested that The RacketShop leaves your purchases in an unsecure location, it cannot be held liable for any losses incurred.
The RacketShop reserves the right to use the information you supplied to provide you with information and promotions related to The RacketShop activities. Please advise The RacketShop directly if you do not wish to receive this information.
Please note that The RacketShop will not under any circumstances, other than as dictated by law, share your information with third parties.
User Generated Material
Customers are permitted to submit material to this website in order to rate and review products. If you review or submit user generated material you are agreeing to do so in accordance with these Terms and Conditions. User generated material submitted by users of this website is not reviewed and The RacketShop is not responsible for the content of user generated material and does not necessarily endorse any opinion contained in such material. No warranties or representations, either express or implied, about user generated material, including its legality or accuracy, is made and all liability in connection with user generated material is disclaimed by The RacketShop to the extent permitted by law.
The RacketShop reserves the right, in its sole discretion, to refuse to post or to remove or edit any user generated material, or to restrict, suspend, or terminate your access to all or any part of this website, particularly where user generated material breaches this clause of these Terms and Conditions and we may do this with or without giving you any prior notice.
The RacketShop does not claim any ownership rights in user generated material. However, by submitting user generated material you hereby grant to it an irrevocable, perpetual, non-exclusive, royalty-free, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that user generated material in any media. The license granted will terminate when your user generated material is removed from this website, or any website developed in the future, that utilises this user generated material.
This user generated material or parts of user generated material may be linked by The RacketShop to other material, including material submitted by other users of this website or created by The RacketShop and/or other third parties. The RacketShop may use user generated material for its internal business purposes, for example, to examine trends and to use those on this website or to promote, market or advertise its interests. User generated material will not be sold to third parties but you acknowledge that The RacketShop may indirectly commercially benefit from it. Each time you submit user generated material to The RacketShop, you represent and warrant to it as follows: 1. You own your user generated material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract; 2. Your user generated material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate; 3. Your user generated material does not advertise any product or service or solicit any business; 4. Your user generated material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18, and if your user generated material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your user generated material; and 5. In submitting your user generated material you are not impersonating any other person.
The use of this site and any contracts formed by The RacketShop accepting an order, South African law.
The RacketShop does not accept responsibility whether in contract, or civil law (including negligence) or otherwise for any incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of its obligations under these Terms and Conditions including such damage as may be reasonably foreseeable at the date you order the purchases.
The RacketShop’s liability for any claim for loss or damage shall be limited to the sum paid by you for the purchases that directly or indirectly gave rise to the claim.
If any provision of these Terms and Conditions is deemed to be unlawful, void or unenforceable by a court, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions. The RacketShop may assign or transfer any of its rights or sub contract any of our obligations under these Terms and Conditions to any third party.
From time to time this website may contain links to third party websites which might be of interest to you. The RacketShop does not have any control over the content of these websites and, as such, cannot be liable in respect of the availability of such external sites or resources, and it does not review or endorse and is not responsible or liable, directly or indirectly, for (a) the privacy practices of such websites, (b) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (c) the use to which others make of these 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 advertising, content, products, goods or other materials or services available on such external websites or resources.
These Terms and Conditions govern the entire trading relationship between you and The RacketShop and will remain in force for the duration of any trading relationship which occurs. The RacketShop reserves the right to change these Terms and Conditions from time to time and any such changes will be communicated on this website and these Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements. Your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must exit the website immediately.
All intellectual property rights (including use of trade marks) shall be solely owned by The RacketShop. You are permitted only to use material on this website as expressly authorised by us or our licensors. Any unauthorised use of material on this site is strictly prohibited.
The RacketShop will use reasonable endeavours to verify the accuracy of any product or pricing information which is placed on the site but makes no warranties, whether express or implied, in relation to the accuracy of such information. The RacketShop may terminate any trading relationship or close your account (should you have one with The RacketShop) by providing you with notice of at least seven (7) days. Such cancellation does not in any way affect your obligation to pay any amounts you owe to The RacketShop at the time.
The RacketShop is the owner and operator of this website, and its contents of it are either its property (including its affiliated companies) or are used under licence from its suppliers.
The RacketShop is the owner of the compilation and/or design of the information in this website. The RacketShop’s rights, and those of its affiliates and suppliers, are protected by South African intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this website may incur civil liability or attract criminal sanctions. You are granted with a limited, non-exclusive and revocable licence to access this website for the purposes of browsing The RacketShop’s product offer(s), ordering goods or services from The RacketShop (or its affiliates), submitting reviews, facilitating a return or obtaining contact information for The RacketShop. Your licence to access this website does not extend to any use of this website, whether commercial or otherwise, which is for the benefit of any commercial entity other than The RacketShop (or that of its affiliates). No warranty is made that the website will meet your requirements, that access will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. The RacketShop will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this website. You are expressly not permitted to download any part of this website (other than by normal action of your web browser or by reason of automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit this website (or any part of it) for any purpose other than as set out above, nor are you permitted to frame this website or to link to any element of it other than the homepage without The RacketShop’s prior consent in writing. You are permitted to link to The RacketShop’s homepage, provided that the link is not misleading, false, derogatory, or otherwise prejudicial to The RacketShop’s best interests, or that of its affiliates or suppliers.
You are expressly not permitted to use any of The RacketShop’s logos or graphics either as or in connection with such a link.