Docstoc

Terms and Conditions for Electronic Purchases concluded via the

Document Sample
Terms and Conditions for Electronic Purchases concluded via the Powered By Docstoc
					Terms and Conditions for Electronic Purchases concluded via the Diners Club Members Only Electronic Store With effect from 29 October 2007

1

Diners Club has agreed to facilitate electronic purchases to be made by a Cardholder from the Store, subject in each case to the terms and conditions recorded herein. DEFINITIONS In these terms and conditions:

2

2.1

ACCESS CODE means the username, password and Card Verification Value Code of the Cardholder, to be utilised for Card Transactions in terms of this Agreement. AGREEMENT means this Agreement concluded between Diners Club and You; CARD means the Diners Club Electronic Purchases facility, the Card number and the Access Code selected by the Cardholder; CARDHOLDER means the duly authorised accountholder and user of the Card and will interchangeably be referred to as YOU, and/or YOUR; CARD TRANSACTION means any transaction concluded online via an electronic device, by using the Card, for the purchase of goods as offered by the merchants; CVV means Card Verification Value code; DINERS CLUB, WE, US and OUR means Diners Club (SA)(Pty) Limited or any duly authorised agent; MERCHANT means the supplier, as specified by Diners Club from time to time in its storefront, of goods purchased by the Cardholder in any Card Transaction; STORE means the Members Only Electronic Store as it appears on the Diners Club website. GETTING STARTED You will be required to create an access code when You visit the Store for the first time. This is in order to create a profile for Yourself so that You can gain easy access to the Store every time You wish to make a purchase. For purposes of the above, Our website has a secure platform to accept Your Card details. MAKING A PURCHASE

2.2 2.3

2.4

2.5

2.6 2.7

2.8

2.9

3 3.1

3.2

4

4.1

Once You have made a purchase, processing of payment for the goods purchased will be effected by each individual Merchant. Payment is effected upon processing of each order by each Merchant, and not upon delivery. DELIVERY Each Merchant has selected its preferred courier company to deliver goods purchased from the Store. Delivery times for goods purchased will differ for each Merchant. Each courier has its own terms and conditions relating to costs, delivery times and breakages and theft in transit. You are required to familiarise Yourself with the terms and conditions as indicated in 5.3 above. If different products are ordered from different Merchants, they will be delivered as separate packages and not necessarily form part of the same delivery. Delivery by each courier is limited to 1 collection address and 1 delivery address. If multiple deliveries are required (as in the case of a company ordering packages that need to be delivered to various branches) then You must contact the relevant Merchant directly to make arrangements and discuss and agree on additional delivery charges. Upon delivery, You are responsible to ensure that you are satisfied with the condition of the goods; You will be required to sign for acceptance of the goods and will be required to display Your Card as well as provide proof of identity with Your identity document or driver’s licence card. The number on Your Card must correspond to the Card number used to place the order for the goods. If You are not personally available to sign for delivery of the goods, then the person accepting delivery will be required to produce a letter to the courier authorising him/her to accept delivery and sign the necessary documents on Your behalf. The authorisation letter must be signed by You and must include Your Card number that was used to place the order as well as the identity number of the individual who has been authorised to accept delivery. This authorised individual will be required to provide proof of identity to the courier. In the event that the courier unsuccessfully attempts to make a delivery, the goods will be returned to the Merchant. Each courier has its own policy regarding the number of delivery attempts to be made before returning the order to the Merchant. You must contact the Merchant directly to arrange for the order to be re-couriered. Additional courier charges might be applicable.

4.2

5 5.1

5.2 5.3

5.4

5.5

5.6

5.7

5.8

5.9

5.10

5.11

6

RETURNS/EXCHANGES/CANCELLATIONS

6.1

Each Merchant has its own policy for returns and exchanges of goods, and cancellations of orders. You are required to familiarise Yourself with each Merchant’s policy as set out in 6.1 above. You are required to contact the Merchant directly with any queries relating to returns, exchanges and/or cancellations and we accept no responsibility and/or liability in this regard. Diners Club will not entertain any dispute between You and the Merchant, including but not limited to any discrepancy regarding incorrect or faulty goods, refunds, exchanges or cancellations of orders. It shall be the sole responsibility of the Cardholder and the Merchant to address any discrepancies as set out in 6.4. Any claims or disputes between the Cardholder and the Merchant shall in no way affect the rights and entitlements of Diners Club to receive payment of all amounts due to it under this Agreement. After payment has been initiated to the Merchant, the Cardholder shall not be entitled to countermand the payment. AGENCY The relationship between Diners Club on the one hand and the Cardholder or the Merchant on the other shall not be construed as that of agency and Diners Club shall not be liable for any acts or omissions of the Cardholder or the Merchant.

6.2

6.3

6.4

6.5

6.6

6.7

7

8 8.1

GENERAL The products offered for sale in the Store are not being offered by Diners Club. We are merely facilitating the purchase and acting as a conduit for the order, and neither Diners Club nor any of its nominees, employees, agents, affiliates or representatives accept any responsibility or liability for any performance in terms of this Agreement. We are advertising the offers on behalf of independent Merchants. Each Merchant’s offers have individual terms and conditions relating to the purchase of products from the Store. You are required to familiarise yourself with all such terms and conditions and You hereby acknowledge and accept such Merchant terms and conditions. Diners Club does not provide any warranty or guarantee whatsoever regarding the products on offer. Any defects or shortages relating to the products must be raised directly with the Merchant involved. It shall be the sole responsibility of the Cardholder and the Merchant to address any discrepancies relating to the products.

8.2 8.3

8.4

8.5

8.6

If We allow You any latitude, indulgence or extension of time, this is not and must not be understood as a novation or waiver of Our rights in respect of these terms and conditions. Where We use the singular form in these terms and conditions, it will include the plural form, and the plural form will also include the singular form. The headings in these terms and conditions are used only for convenience sake and will not have an effect on the interpretation thereof. We can close Your Card account, restrict activity on Your Card account or suspend access to Your Card account if in any way We know or suspect Your Card account is being used fraudulently, negligently or for illegal activities or if We must do so to comply with the law. We will not be responsible to You for any direct, indirect, consequential or special damages arising from any act or omission by Us or any third party for whom We are responsible, whether arising in contract, delict or statute, if We close or suspend access to Your Card account. This Agreement is governed by the laws of the Republic of South Africa. AMENDMENT OF TERMS AND CONDITIONS We alone may decide to change or replace all or any of these terms and conditions at any time by sending You a written notice thereof and/or by sending You a copy of the latest terms and conditions. You accept that You are deemed to have received the notice and/or a copy of the changed or new terms and conditions of use within 7 (SEVEN) days after We have posted it to You to Your last notified address. If We change or replace these terms and conditions, this will not mean that the change or replacement is a novation of this Agreement or of any of Your existing obligations to Us. In the event of any dispute arising relating to electronic purchases concluded via the Store, the terms and conditions of this Agreement will apply. DISCLAIMER Diners Club shall not be responsible for any failure, malfunction or delay of any mechanical or electronic devices or Electronic Data Capture Terminals ("EDC") or website or Diners Club's supporting or shared networks, nor shall Diners Club be liable to compensate You, any Cardholder or anyone else for any damages, whether consequential or otherwise, losses or expenses which You or any Cardholder may suffer as a result thereof. The use of any electronic means of communication is entirely at Your own risk. Diners Club is indemnified in respect of any liability arising from any dispute between the Cardholder and the Merchant in respect of goods and/or services rendered or payment made in terms of this Agreement and the purchase/sale of goods from the Store and all matters incidental thereto.

8.7

8.8

8.9

8.10 9 9.1

9.2

10 10.1

10.2


				
DOCUMENT INFO
Shared By:
Stats:
views:6
posted:12/15/2009
language:English
pages:4
Description: Terms and Conditions for Electronic Purchases concluded via the