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Last updated: 12 August 2020

Through our website at www.StAtlantic.com you will be able to order, and arrange delivery of the variety of Goods, we host. The website can also be accessed at, related mobi-sites and software applications (the “Website”) and enables you to shop online for a range of goods.

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

  • may limit the risk or liability of St.Atlantic; and/or may create risk or liability for you as the user; and/or may compel the user to indemnify St.Atlantic; and/or serves as an acknowledgement, by the user, of a fact.

These Terms and Conditions are important and should be read carefully and should you be uncertain about any provision it is your responsibility to have St.Atlantic explain them before continuing on our website.

The use of this Website is always subject to the Terms and Conditions and 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.

Privacy policy

We will always respect your privacy and take reasonable measures to protect it.

By registering as a user on our Website, we may require you to provide us with personal information which includes but is not limited to –

  • your name and surname; your email address; your physical address; your gender; your mobile number; and your date of birth.

It is your duty to provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information, and we will on a regular basis remind you of this.

It is a criminal offence to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything, and you should ensure that personal information is accurate.

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. In the event of a fraudulent online payment, StAtlantic 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.

We will not, without your express consent, use your personal information for any purpose other than as set out below:

  • in relation to the ordering, sale and delivery of Goods; to contact you regarding current or new Goods or services or any other goods offered by us (unless you have opted out from receiving marketing material from us);
  • to inform you of new features, special offers and promotional competitions (unless you have opted out from receiving marketing material from us); and
  • 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.

We will ensure that all of our employees, third party service providers, divisions, affiliates 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.

Registration and use of the website

Only registered users may order Goods on the Website.

To register as a user, you must provide a unique username and password and provide certain information and personal details to StAtlantic. You will need to use your unique username and password to access the Website in order to purchase Goods.

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 StAtlantic 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.

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 StAtlantic representative.

Detailed description of goods and/or services

Registered users may place orders for Goods, which StAtlantic may accept or reject, depending 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 StAtlantic for the Goods.

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 StAtlantic 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.

Our delivery charges are subject to change at any time, without prior notice to you, and you will see the applicable delivery charges in your cart when you check out.

Where it accepts your order, StAtlantic will deliver the Goods to you as soon as reasonably possible, but no later than 7 (seven) working 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. International orders will have a longer delivery period.

StAtlantic’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. StAtlantic 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.

Return and Refunds policy

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either replace it, or credit your account, subject to the below terms.

To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

  • package your products safely and securely for protection during transit;
  • clearly mark your return reference number on the outside of the parcel; and
  • include all accessories and parts that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

You can return an unwanted product to us at no charge, provided:

  • it is undamaged and unused, with the original labels and stickers still attached;
  • it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable);
  • it is not missing any accessories or parts;
  • you log a return on the Website within 5 (five) working days of delivery to you or collection by you of the unwanted product. After 5 (five) working days, you can only return a product if it is defective.

Payment options accepted

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

Credit and debit card transactions will be acquired for StAtlantic via PayFast (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa.PayFast (Pty) Ltd uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit or debit card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy. Users will also be able to pay via Paypal.

Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Customer details separate from card details

Customer details will be stored by StAtlantic separately from card details which are entered by the client on PayFast’s secure site. For more detail on PayFast refer to www.payfast.co.za

Changes to these Terms and Conditions

StAtlantic 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 above.

Ownership and copyright

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 StAtlantic

You will not acquire any right, title or interest in or to the Website or the Website Content.

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.

Disclaimer

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.

Whilst StAtlantic takes reasonable measures to ensure that the content of the Website is accurate and complete, StAtlantic 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 StAtlantic representatives, StAtlantic shall not be bound thereby.

By using the Website you disclaim StAtlantic  form any 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.

Any views or statements made or expressed on the Website are not necessarily the views of StAtlantic, its directors, employees and/or agents.

Linking to third party websites

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 StAtlantic is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

 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.

Limitation of liability

StAtlantic 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 StAtlantic, its employees, agents or authorised representatives.

Availability and termination

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.

StAtlantic may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that StAtlantic 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.

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.

StAtlantic 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 StAtlantic 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 StAtlantic, in whole or in part, on notice to you. StAtlantic shall only be liable to refund money already paid by you (see StAtlantic 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.

At any time, you can choose to stop using the Website, with or without notice to StAtlantic.

Governing law and jurisdiction 

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.

Notices

StAtlantic hereby selects Po Box 9583 Centurion 0046, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). StAtlantic may change this address from time to time by updating these Terms and Conditions.

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 StAtlantic not less than 7 days’ notice in writing.

Notices must be sent by email and must be in English. All notices sent –

      1. 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.

Complaints

We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Help page on the Website.

If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:  Website: http://www.cgso.org.za/  Sharecall: 0860 000 272 Email: complaints@cgso.org.za