Terms and Conditions

This Agreement was last modified on 18 February 2016.

  1. Introduction
  • This website can be accessed at oshusstore.com, and is owned and operated by Oshus Store online.
  • These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  • These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website, including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Registration” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  • The Website enables you to shop online for an extensive range of goods including home and kitchenware, electronics, and health and beauty products.
  • Oshus Store allows third party sellers to list and sell their Goods on the Website. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Oshus Store. This will be made clear in the relevant clause.
  1. Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

may limit the risk or liability of Takealot or a third party; and/or

may create risk or liability for the user; and/or

may compel the user to indemnify Oshus Store or a third party; and/or

serves as an acknowledgement, by the user, of a fact.

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Oshus Store to explain it to you before you accept the Terms and Conditions or continue using the Website.

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Oshus Store in terms of the CPA.

Oshus Store permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

 

 

  1. Returns

Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

  1. Registration and use of the website
  • Only registered users may order products on the Website.
  • To register as a user, you must provide a unique username and password and provide certain information and personal details to Oshus Store. You will need to use your unique username and password to access the Website in order to purchase products.

You agree and warrant that your username and password shall:

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

For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

You agree to notify Oshus Store immediately upon becoming aware of or reasonably suspecting any unauthorised 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 Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

  • 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 authorised Oshus Store 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 authorised Oshus Store representative.
  1. Conclusion of sales and availability of stock

 

  • Registered users may place orders for products, which Oshus Store or the Third Party Seller may accept or reject. Whether or not Oshus Store or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Takealot for the Goods.

NOTE: Oshus Store or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Oshus Store or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Oshus Store stating that your order or payment has been confirmed. Oshus Store will indicate the rejection of your order (by Takealot Oshus Store itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

  • Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
  • Placing Goods in a Wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold Oshus Store or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
  • You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Oshus Store, Oshus Store 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. When Goods are no longer available after you have placed an order, Oshus Store will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
  • In the case of Goods for sale by a Third Party Seller, Oshus Store relies on information supplied by the relevant Third Party Seller and Oshus Store accordingly bears no liability for any inaccuracies in the information supplied to it.Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the Oshus Store , your respective rights and obligations being as set out in these Terms and Conditions.
  • Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

 

Payment

  • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
  • Whether the Goods are for sale by Oshus Store or a Third Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
  • Debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
  • Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised 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;
  • Instant EFT;
  • Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Delivery of goods

Oshus Store offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

  • courier; or
  • self-collection.
  • Where it accepts your order, Oshus Store or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
  • Oshus Store’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Oshus Store    is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

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, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 
  • Oshus Store shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

Privacy policy

    • We respect your privacy and will take all reasonable measures to protect it,

Changes to these Terms and Conditions

  • Oshus Store may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
  • Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Electronic communications

  • When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause