Welcome to Everythingshop

  1. Introduction
    1. This website can be accessed at www.everythingshop.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Everythingshop Online (RF) (Proprietary) Limited (“Everythingshop”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to shop online for an extensive range of goods including electronics, bags and digital accessories (“Goods”).
  2. Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
      1. may limit the risk or liability of Everythingshop; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify Everythingshop; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Everythingshop to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with eBooks, please pay particular attention to clause 10 below, which describes the nature, functionality, usage rights and delivery of eBooks.
    5. 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 Everythingshop in terms of the CPA.
    6. Everythingshop 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.
    7. These Terms and Conditions are divided into three sections, as follows:
      1. Part A – Orders and Sales;
      2. Part B – Privacy Policy; and
      3. Part C – General Legal Terms.
  3. Returns
    1. 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).
  4. Registration and use of the website
    1. Only registered users may order Goods on the Website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Everythingshop. You will need to use your unique username and password to access the Website in order to purchase Goods.
    3. 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.
    4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    5. 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.
    6. You agree to notify Everythingshop 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.
    7. 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.
    8. 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 Everythingshop representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    10. 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 Everythingshop representative.
  5. Conclusion of sales and availability of stock
    1. Registered users may place orders for Goods, which Everythingshop may accept or reject. Whether or not Everythingshop 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 Everythingshop for the Goods.
    2. NOTE: Everythingshop 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 Everythingshop come into effect (the “Sale”). This is regardless of any communication from Everythingshop stating that your order or payment has been confirmed. Everythingshop will indicate the rejection of your order (by Everythingshop itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. 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 cancel the Sale only in accordance with the Returns Policy.
    4. 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 Everythingshop 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.
    5. 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 Everythingshop, Everythingshop 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 placing an order, Everythingshop will notify you and you will be entitled to a refund of the amount paid by you for such Goods. 
    6. Certain Goods may not be purchased for re-sale. Should we suspect that any Goods are being purchased for sale, we are entitled to cancel your order immediately without notice to you.
    7. Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.
  6. Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Whether the Goods are for sale by Everythingshop, payment can be made for Goods via -
      1. debit card;
      2. 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;
      3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Everythingshop will not accept your order if payment has not been received;
      4. Instant EFT;
      5. cash on delivery; by selecting this option, you undertake to ensure that you have cash on hand at the time of delivery;
      6. eBucks;
      7. Discovery Miles;
      8. MasterPass;
      9. SBux; and
      10. cheque deposits: cheque deposits may be made by prior arrangement with Everythingshop. Everythingshop will not accept your order if notification of clearance of the cheque deposit has not been received.
    3. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
    4. You may contact us via email at [email protected] to obtain a full record of your payment. We will also send you email communications about your order and payment.
    5. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  7. Delivery of goods
    1. Everythingshop offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
      1. courier; or
      2. self-collection.
    2. Please see details of our delivery and shipping terms and conditions in our FAQ’s: Shipping and Delivery, which are incorporated by reference.
    3. Where it accepts your order, Everythingshop 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.
    4. Everythingshop’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. Everythingshop 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.
  8. Errors
    1. 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. 
    2. Everythingshop shall not be bound by any incorrect information regarding our products displayed on any third party websites.
  9. Vouchers & Coupons
    1. Everythingshop may from time to time make physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Everythingshop Goods. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
      1. Vouchers
        1. Vouchers that are purchased by registered users are valid for 3 years after Sale. Vouchers that Everythingshop gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
        2. Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
        3. Everythingshop is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after it has delivered the Voucher to you or the email address nominated by you.
      2. Coupons
        1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
        2. Coupons are issued in Everythingshop’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
        3. As a general rule, and unless specified otherwise on the specific Coupon itself:
          1. each Coupon can only be used once;
          2. only one Coupon can be used per order;
          3. only one Coupon can be used on the Website per person per promotion/campaign;
          4. Coupons with a percentage discount offer may only be used on purchases with a total cart value of less than R5,000;
          5. a Coupon must be used at check-out – it cannot be used later on existing orders; and
          6. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
        4. Coupons cannot be used to buy Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Everythingshop is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
        5. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact [email protected] to confirm if the Coupon is still valid.  If Everythingshop confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
        6. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Everythingshop, before you are able to use a Coupon.
  10. Daily Deals and other discounted Goods
    1. Daily Deals (“Deals”) will be available daily from 7am – 23:59pm on week days and from 9am – 23:59pm on weekends. Deals will expire no later than one minute to midnight each day. However, Deals have a stock limit and may expire earlier if stock runs out.
    2. Deal quantities are limited and as such, after a Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Deal).
    3. We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of Everythingshop.
    4. Only one of each Deal may be purchased per customer.
    5. Adding a Deal to your cart, or completing your order for a Deal without paying for it, does not reserve the item for you. Everythingshop must receive payment from you within 3 days of you placing your order for a Deal, otherwise we will cancel your order.
    6. Everythingshop will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Everythingshop may only receive payment from you a few days later, and in the meantime the Deal might sell out to customers paying immediately.
    7. The List Price shown in respect of Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided.
    8. By purchasing any Deal, you are also automatically opting in for our Daily Deals daily newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
  11. Liquor
    1. Everythingshop sells liquor under liquor licence number WCP/040408 (cmats: 2013/572).
    2. It is an offence in terms of South African liquor legislation:
      1. for any person under the age of 18 years to purchase, or attempt to purchase, liquor and/or to present false evidence of his/her age in order to access liquor; and/or
      2. to purchase liquor for or on behalf of any person under the age of 18 years. 
    3. Everythingshop is committed to comply with all applicable liquor legislation and therefore will only;
      1. sell liquor to you if you are of or above the age of 18 years; and
      2. deliver liquor to the address chosen by you if the liquor is received at such address by a person of or above the age of 18 years.
    4. Everythingshop has implemented a number of precautions to ensure that it does not sell, supply and/or deliver liquor to persons under the age of 18 years. These precautions include without limitation:
      1. indicating on the relevant liquor product page on the Website that such liquor product is not for sale to persons under the age of 18 years;
      2. verifying your age by requesting you to enter your date of birth when purchasing, or attempting to purchase, liquor through the Website;
      3. verifying the age of the person receiving delivery of the liquor by requesting to see his/her identity document, passport or driver’s licence, if such person appears to be under the age of 18 years.
    5. Everythingshop may in its sole discretion refuse to sell or deliver liquor to any person if:
      1. he/she refuses to provide his/her date of birth or identification requested for purposes of verifying his/her age;
      2. it appears that he/she provided false information or evidence of his/her age in order to access liquor; or
      3. he/she appears to be intoxicated.
    6. Everythingshop is not licenced to sell liquor for resale and you may accordingly not purchase liquor from Everythingshop for the purpose of reselling it. Everythingshop reserves the right to cancel, or not to process, any order for liquor which it suspects will be resold, in addition to any other remedy it may have under these Terms and Conditions or at law.
    7. Everythingshop will not sell liquor exceeding a total weight of 200 kilograms to any one person in a single day.
    8. By purchasing, or attempting to purchase, liquor from Everythingshop, you hereby acknowledge and agree to these Terms and Conditions, and agree to provide Everythingshop with truthful and accurate information and to comply with the applicable liquor legislation. 
  12. eBooks
    1. An “eBook” means an electronic book  capable of being opened and read on your PC or Mac computer using Adobe Digital Editions software (“Adobe Reader”), and on certain other mobile hardware devices (such as iphones and android) using the everythingshop.co.za Reader software (“Everythingshop eReader”). The Adobe Reader and Everythingshop eReader are “Reader Applications”. Your access to any eBook purchased by you from us will be granted via a link to such eBook) (the “Link”).
    2. IMPORTANT – Limits to functionality and usage of eBooks:
      1. You will not be able to read eBooks on devices that do not support either of the Reader Applications, therefore check your device prior to purchasing an eBook.
      2. Even if a device supports either of the Reader Applications, eBooks will only be able to be read on such devices that you have associated with your profile in the relevant Reader Application. If you have not registered additional devices with one of the Reader Applications, you will only be able to read the eBook on the device onto which it was first downloaded.
      3. You will need to be connected to the internet when you download an eBook and open it for the first time.  On subsequent openings of the eBook, you will not need to be connected to the internet, provided you are opening the eBook from the device on which you first downloaded and opened the eBook.
    3. Ordering eBooks: When ordering an eBook from us, you will be ordering the right to download such eBook from the relevant publisher and consequently, if Everythingshop accepts your order, delivery will take place electronically via the internet as described below.
    4. Delivery of eBooks:
      1. Where Everythingshop accepts your order, upon receipt or confirmation of payment, we will obtain your Link to the relevant eBook from the relevant eBook publisher and deliver such Link to you in your “LibraryBox” page on the Website. The speed of delivery of a Link will depend on a variety of factors, most of which are internet related and beyond our control (such as server availability, ADSL lines etc) and as such, Everythingshop does not hereby undertake to make delivery within any specific timeframe. However, as a guide only, delivery should occur within a few seconds, but can also take up to a number of hours. You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
        1. So as to reduce the risk of fraud, eBook publishers limit the number of times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click so as to prevent fraud;
        2. The Link will not appear if you have removed it, or Everythingshop has removed it pursuant to your having ‘returned’ the eBook (if possible in accordance with Everythingshop’s Returns Policy pertaining to eBooks from time to time);
        3. Everythingshop does not guarantee that eBook publishers will make their eBooks available for download indefinitely and Everythingshop accepts no responsibility or liability to you or any other person if, upon your accessing and clicking the Link, the relevant eBook publisher no longer has the eBook available for download via such Link, provided that, if you discover and report such a problem within 6 months of your receipt of the Link, you will be entitled to a full refund of the purchase price paid therefor.
      2. We do not charge any delivery fees for electronic delivery of the relevant eBook link, however, you may incur costs (eg internet service provider fees) associated with downloading the eBook, and we will not under any circumstances be liable for any such costs incurred by you.
      3. Practical issues to note in utilising the Link to download the eBook:
        1. The Link will contain your unique reference number as allocated by the publisher of the eBook. By clicking on the Link, a small locator file, unique to you, will be downloaded and will give you access to the eBook.
        2. IMPORTANT: the locator file required in order to access the eBooks will only be downloaded IF the device you are using to click the Link is already associated with the relevant Reader Application (i.e. if you are using a PC or Mac to click on the Link, you must have the Adobe Reader installed on that PC/Mac. If you are using a mobile device to click on the Link, you must have the Everythingshop eReader installed on that mobile device).
        3. If you have any problems relating to the functionality of your Link, please report same to us at [email protected] , so that we can assist you in resolving the problem.
    5. Returns of eBooks: Please refer to our Refunds Policy.
    6. Illegal use of eBooks:
      1. All eBooks are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of eBooks is intended for your personal and non-commercial use. Any other use of eBooks purchased from us is strictly prohibited.
      2. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of eBooks, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ eBooks to any other person. You may also not do anything which otherwise contravenes any licence conditions imposed by the publisher, as described on the relevant eBook’s product detail page. These aforementioned prohibitions are hereinafter referred to as “Illegal Activities”.
      3. By downloading any eBook, you hereby acknowledge and agree to these Terms and Conditions. You hereby undertake that you shall not do nor try to do any of the Illegal Activities. You hereby indemnify Everythingshop from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against Everythingshop which arise from or in relation to your having participated in any Illegal Activities in relation to any eBook sold by Everythingshop.
    7. For more information and assistance , please refer to our FAQ’s: eBooks, which are incorporated by reference:
  13. Privacy policy
    1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
    2. 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 -
      1. your name and surname;
      2. your email address;
      3. your physical address;
      4. your gender;
      5. your mobile number; and
      6. your date of birth.
    3. 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.
    4. 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.
    5. Subject to clause 13.6 below, we will not, without your express consent:
      1. use your personal information for any purpose other than as set out below:
        1. in relation to the ordering, sale and delivery of Goods;
        2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
        3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
        4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
      2. disclose your personal information to any third party other than as set out below:
        1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering 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;
        2. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
        3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;
        4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
        5. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
    6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.
    7. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
    8. We will -
      1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
      2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      3. provide you with access to your personal information to view and/or update personal details;
      4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
      6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
    9. 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.
    10. Everythingshop undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Everythingshop is entitled 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.
    11. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised 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.
    12. 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 Everythingshop, Everythingshop 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.
    13. In relation to eBooks –
      1. The Everythingshop eReader is based on Adobe software. When you use the Everythingshop eReader, you agree that your data may be collected by and transmitted to Adobe via the Everythingshop eReader.
      2. Adobe may collect, receive, use and share this data, but only in accordance with Adobe’s RMSDK Privacy Policy and general Privacy Policy contained at http://www.adobe.com, as amended time to time.
      3. Data, in this clause 13.13, means any information relating to a registered user including all information that could be used to identify, locate, or contact an individual, and data relating to a registered user’s use of the relevant Reader Application, which Adobe indicates it may collect in accordance with its Privacy Policy identified above.
      4. 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 recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour 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 not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 13.
  14. Changes to these Terms and Conditions
    1. Everythingshop 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.
    2. 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.
  15. Electronic communications
    1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 13 above.
  16. Ownership and copyright
    1. The contents of the Website, including any material, information, data, 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 (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Everythingshop, its advertisers and/or sponsors and/or is licensed to Everythingshop.
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised 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 our Admin Manager at [email protected]
    4. Where any of the Website Content has been licensed to Everythingshop or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  17. Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Whilst Everythingshop takes reasonable measures to ensure that the content of the Website is accurate and complete, Everythingshop makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Everythingshop’s representatives, Everythingshop shall not be bound thereby.
    3. Everythingshop disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the Website are not necessarily the views of Everythingshop, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Everythingshop also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Everythingshop, its employees, agents or authorised representatives. Everythingshop thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  18. Linking to third party websites
    1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Everythingshop is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  19. Limitation of liability
    1. Everythingshop cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Everythingshop, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to [email protected]
    2. Everythingshop SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
    3. YOU HEREBY INDEMNIFY Everythingshop AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  20. Availability and termination
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    2. Everythingshop may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Everythingshop 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, to the extent possible.
    3. 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, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    4. Everythingshop is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Everythingshop to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Everythingshop, in whole or in part, on notice to you. Everythingshop shall only be liable to refund monies already paid by you (see Everythingshop’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    5. At any time, you can choose to stop using the Website, with or without notice to Everythingshop.
  21. Governing law and jurisdiction 
    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and Everythingshop, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    3. Nothing in this clause 21or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  22. Notices
    1. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving Everythingshop not less than 7 days’ notice in writing.
    2. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
      4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
  23. General
    1. Everythingshop 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.
    2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    3. Any failure on the part of you or Everythingshop to enforce any right in terms hereof shall not constitute a waiver of that right.
    4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    7. These Terms and Conditions contain the whole agreement between you and Everythingshop and no other warranty or undertaking is valid, unless contained in this document between the parties.