TERMS & CONDITIONS
TERMS AND CONDITIONS OF USE OF THIS WEBSITE AND/OR APPLICATION
FOR SERVICES OFFERED BY STOCKUP (PTY) LTD
Revised: 1 November 2016
Please read these terms and conditions of use (“Site Terms”) carefully. By accessing or using this Website (“Site”) or Mobile Application (“App”) you agree to be bound by the Site Terms described herein and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these Site Terms, do not use this Site or App.
These Site Terms apply to your use of this Site or App and do not alter in any way the terms or conditions of any other agreement you may have with Stockup (Pty) Ltd (“Stockup” or “us”, “we”, “our”), its subsidiaries or affiliates and you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site or App on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Stockup for violations of these Site Terms.
GENERAL TERMS AND CONDITIONS OF USE
1.1. Stockup (Pty) Ltd is a registered private company, in accordance with the Company Laws of the Republic of South Africa. Stockup allows you to select items from our suppliers via our App and to have these items delivered to your specified location in South Africa.
1.2. The term “Client”, “Corporate”, “Corporate Client”, “you” or “your” are synonymous and refer to a person or an organisation who wishes to access the Site or App for information and / or purchasing purposes or the use of any services offered by Stockup.
1.3. The term “service” refers to and includes the specific services offered by Stockup which means the creation of a platform connecting you, the end user, to our various retail suppliers, allowing you to purchase goods from such suppliers and to connect you to carriers who will deliver the goods to your nominated address.
1.4. The term “supplier” means any authorised third party retail supplier who offers goods for sale via the Website or App.
2.2. Should you not wish us to use the personal information, please send an e-mail to email@example.com.
3. Ownership of the Site and its Contents
3.1. You acknowledge that this Site and App is owned by, and all intellectual property rights herein vest in, Stockup, our licensors, advertisers or third-party content providers (as applicable) and that any unauthorised use thereof is expressly prohibited. Unless otherwise indicated, all of the content featured or displayed on this Site or App, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Site Content”), is owned by Stockup, our licensors, advertisers or third-party content providers (as applicable).
3.2. All elements of the Site or App, including the Site Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
3.3. We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Site or App.
3.4. You may view, electronically copy and print portions of the Site or App for your personal use and for purposes of making online orders. Any other use, including reproduction other than as aforesaid, amendment/modification, or distribution, without our prior written consent, is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
4. Disclosures required by Section 43 of the Electronic Communications and Transactions Act, 25 of 2002
4.1. The required disclosures are displayed as a link from this website and are deemed to form part of these terms and conditions.
5. Application of these Website and App Terms and Conditions of Use
5.1. These Terms and Conditions of Use shall apply to all Clients and any member of the public wishing to interact with Stockup through the Site or App, except where otherwise provided herein.
5.2. These Terms and Conditions shall be incorporated in and shall apply consistently to every contract of sale entered into between Stockup and Clients, or Clients and Suppliers regardless of whether such Agreement is concluded orally, in writing or by digital acceptance.
5.3. It is hereby specifically recorded that any transaction concluded on the Site or App is not intended by Stockup to be an automated transaction, nor is Stock Up intended to act as electronic agent for the conclusion of such automated transaction as respectively defined under the Electronic Communications and Transactions Act, 25 of 2002 and accordingly no transaction concluded via the Site or App for the purchase of any goods, including but not limited to alcoholic goods, shall be deemed an automated transaction.
6. Use of the Site or App
6.1. This Site or App and the Site Content are intended for use by Clients solely to allow you to select items from our Suppliers and to have these items delivered to your location in South Africa. Save as otherwise provided in any other Agreement, you may not use this Site or App or the Site Content for anything other than personal and non-commercial purposes. Save as otherwise provided in any other Agreement, you are specifically prohibited from: (a) printing, downloading, copying, adapting or re-transmitting any or all of the Site or App or the Site Content otherwise than through your bona fide, personal, non-commercial use of the Site or App without, or in violation of, a written license or agreement with us; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or App or the Site Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party if you are not expressly authorised by such party to do so; and (e) using the Site or App or the Site or App Content other than for their intended purpose. Such unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and private equity, and applicable communications legislation and regulations.
6.2. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy, and the transmission of data exported from the Republic of South Africa, or the country from which you export the data, the country where data is downloaded, or the country in which you reside.
6.3. You agree that you may not upload any data which is malicious, false, misleading, fraudulent or offensive in content. Any breach of this term constitutes a material offence and may result in the removal of such information and/or refusal by Stockup to allow any further dealings with the Client concerned, and/or possible prosecution with the relevant authorities. In such event, you shall have no claim or claims of whatsoever nature or kind against Stockup arising out of such cancellation.
6.4. Neither Stockup, nor any person for whom it is vicariously liable at law, will be responsible for consequences of any nature which may arise from force majeure incidents, being those beyond its control; and specifically, not limited to, any misuse of an Client’s personal data that results from the abuse or sharing of a Stockup Client’s access codes, if applicable. On the rare occasion that this may occur, Stockup will provide a record to indicate which Clients have had access to the information.
6.5. Stockup is committed to secure and encrypted storage of the personal information of Clients. The nature of its business is to have this information accessible to its Clients. Under no circumstances will Stockup give or sell any information relating to Clients to third parties, or organisations who are not registered Suppliers of goods and services of Stockup, or where it deems abuse of this access will occur.
6.6. Abuse of this Site or App may result in you being denied access to such facilities, at the sole discretion of Stockup.
6.7. You agree to abide by these Terms and Conditions in respect of the purchase of any goods and/or other services for which fees may be charged and that you are responsible for all charges, fees, duties and taxes arising out of the use of this Site or App (as well as for any use of your account by others, including any person under the age of 18 years).
6.8. Stockup shall use reasonable endeavours to keep the system available and maintain full system functionality at all times. You agree that Stockup shall not be liable to you or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the Service.
6.9. You must sign out of the Site or App once you have finished using the Stockup Site or App. If you do not do this, unauthorised transactions may result, for which we will not be liable.
7.1. Our logos and any other product or service name or slogan contained in the Site or App are registered or unregistered trademarks of Stockup and our Suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Stockup or the applicable trademark holder. You may not use metatags or any other HTML tags, comments or hidden text utilising “Stockup”, or any other name, trademark or product or service name of Stockup without our prior written permission. In addition, the look and feel of the Site or App (including, without limitation, all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of Stockup and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site or App are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
8.1. You may not use a Stockup logo or other proprietary graphic of Stockup to link to this Site or App (or any other site) without our express written permission. Further, you may not frame any of our trademarks, logos or other proprietary information, including the Site Content, without our express written consent.
8.2. We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site or App, or websites linking to the Site or App. Such sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide such links (if any) to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site or App, you should be aware that Stockup’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or App.
8.3. Your participation, correspondence or business dealings with any third party found on or through the Site or App, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we will not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
9.1. It is our intention to only send you e-mail communications that will be useful to you and that you want to receive. When you create a personal account, or place an order and provide your e-mail address, we will periodically contact you via e-mail and provide information about special offers and promotions that may be of interest to you. These communications will relate to Stockup offers which may also include the promotions of select, reputable third parties with whom Stockup has a strategic marketing relationship because they offer products or services that we believe would be of interest to you. When we make use of third party e-mail service providers to send the aforesaid e-mails, these service providers are prohibited from using your e-mail address for any purpose other than to send Stockup related e-mail.
9.2. Should you not wish to receive these e-mail communications, please send an e-mail to firstname.lastname@example.org.
10.1. You acknowledge and agree that Stockup shall be entitled to establish the authenticity of any communication transmitted to it by way of the internet which purports to emanate from you. You agree that all instructions, consents, commitments, orders and any other communications which are sent to Stockup by way of the internet and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by Stockup and you will be bound by such details with no liability whatsoever attached to Stockup in regard thereto.
10.2. You waive any rights you may have or obtain against Stockup arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Stockup acts on your instructions or instructions purported to emanate from you. You agree to and hereby indemnify Stockup against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Stockup has acted on your instructions or instructions which purport to emanate from you.
11. Warranties and Undertakings
11.1. You undertake to conduct all dealings with Stockup and other users of the Site or App with the utmost good faith and in accordance with all applicable laws.
11.2. You warrant that every instruction and all information given by you to Stockup shall be accurate, true and correct.
11.3. Stockup makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding, without limitation, the Site or App, its content and/or accuracy thereof, any services provided via this Site or App or the suitability of any of the Services for a particular purpose or the effectiveness of any security or encryption facilities.
11.4. Stockup does not warrant that the functions provided by the Site or App will be uninterrupted or error free, or that the Site or App or the server that makes it available are free from viruses or other harmful components.
11.5. Stockup, its directors, employees, agents or representatives shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you, the recipient of any Services or any third party arising from or as a result of the conclusion of any agreement for the Services, or as a result of or which may be attributable (directly or indirectly) to your use of or reliance on the Site or App, including any information provided thereon, Services provided via this Site or App; any viruses that may infect your computer or other property on account of your access to and/or use of the Site or App; the efficacy of any security or encryption facilities; or the Internet and you indemnify and hold Stockup harmless in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid.
11.6. You agree that you will not, in using the Site or App, infect it with any computer programming, including but not limited to a virus, that may damage, interfere with, delay or intercept data or information on the Site or App and you indemnify and hold Stockup harmless for any damage or loss caused by any such act.
You agree to defend, indemnify and hold us harmless, as well as our subsidiaries, affiliates, Suppliers, licensors, employees, agents, sponsors, third party information providers and independent contractors, against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Site or App (including, without limitation, any information you disclose in any dealings you have with any other user of the Site or App), your conduct, your use of or inability to use the Site or App, your breach or alleged breach of the Site or App Terms and Conditions or of any representation or warranty contained herein, your unauthorised use of the Site Content, or your violation of any rights of another party.
13.1. This Site or App and the Site Content are provided “as is” and we and our directors, members, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of this Site or App or the Site Content, or the unavailability of the same, including, but not limited to, business interruption, loss of business information, loss of data, loss of profits and any direct, indirect, incidental, punitive, special or consequential damages. The functions embodied on or in the materials of this Site or App are not warranted to be uninterrupted or without error. You, not us, assume the entire cost of all necessary servicing, repair or correction due to your use of this Site or App or the Site Content. We make no warranty that the Site or App or the Site Content are free from infection by viruses or anything else that has contaminating or destructive properties.
13.2. We use reasonable efforts to ensure the accuracy, correctness and reliability of the Site or App Content, but we make no representations or warranties as to the Site Content’s accuracy, correctness or reliability.
13.3. We do not have direct control over all of the Site Content, make no representations or warranties whatsoever in respect thereof and expressly disclaim any liability in connection therewith. If you find the Site Content, or any part thereof, offensive or believe that any of the Site Content infringes upon any copyright that you own or control, you may file a notification of such complaint or infringement as set forth in clause 19 below.
14. Limitation of Liability
14.1. In no event shall we, our directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, delict (including, but not limited to, negligence) or otherwise, arising out of or in any way connected with the use of the Site or App, the Site Content or the materials or services contained in or accessed through the Site or App, including, without limitation, any damages caused by or resulting from your reliance on any information obtained from us, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to Stockup’s records, programs or services. In no event shall our aggregate liability, whether in contract, warranty, delict (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site or App exceed any compensation you pay, if any, to us for access to or use of the Site or App.
15. Governing Law
15.1. These Terms and Conditions are governed by and will be interpreted according to the laws of South Africa and all disputes, claims and other matters in connection with these Terms and Conditions will be determined in accordance with such laws and in the Courts of South Africa who have jurisdiction to hear the matter.
16.1. Notwithstanding any of these Terms or Conditions, we reserve the right, without notice and in our sole discretion, to suspend or terminate your account and/or to restrict or block your use of the Site or App. Under no circumstances whatsoever is suspension, termination or restriction of your use of your account to regarded as a waiver of our rights to take further legal action against you and to claim such damages which we are entitled under law.
17. Miscellaneous Provisions
17.1. These Terms and Conditions (as varied from time to time in accordance with clause 18 below) constitute the sole record of the agreement between you and us in relation to your use of the Site or App. Neither you nor us will be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the Site or App. Notwithstanding the foregoing, our licensors, advertisers or third-party content providers may be granted access to the Site or App by virtue of a separate written agreement with Stockup. If this applies to you, these Terms and Conditions must be read in conjunction with such agreement which takes precedence over these Terms and Conditions in the event of any conflict.
17.2. Failure or neglect by us to enforce at any time any of the provisions of the Terms and Conditions will not be construed as a waiver of our rights. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by us.
17.3. If any clause in these Terms and Conditions is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
17.4. Any rights not expressly granted herein are reserved.
18. Changes to Site or App Terms
18.1. Stockup reserves the right to change any of the terms and conditions contained in the Terms and Conditions or any policy or guideline of the Site or App, at any time and in our sole discretion. When we make changes, we will revise the “Last Updated” date at the top of these Terms and Conditions. Any changes will be effective immediately upon posting on the Site or App. Your continued use of the Site or App following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Terms and Conditions whenever you visit this Site or App.
19. Contact Information
19.1. Questions or comments about the Site or App or Site or App Terms may be directed to email@example.com or +27 87 550 1902.
20. Procedures for Use of the Site or App
20.1. Specific Procedures for use of the Site or App and / or purchase of goods are set out in Annexure A hereto and are included hereunder and incorporated herein by this reference.
USE OF THE SERVICES
1 Using the Stockup Service
If you want to use the Services you must first create a user account for which you will have a password. You must protect this password at all times. By creating a user account, you accept the Terms and Conditions incorporating this Annexure A (“Terms”) when prompted on your device. This will create a binding legal contract between you and Stockup. If you do not agree to the Terms, please do not press to accept them and you will not be able to create a user account or use the Service. To create a user account and use the Service, you must be 18 years or older, and have the legal capacity to enter into a binding contract.
2 Legal relationship of Stockup and Client
Stockup is a software company and operates a unique Service which is limited only to the creation of a platform connecting you, the end user, to our various retail suppliers, allowing you to purchase goods from such suppliers and to connect you to carriers who will deliver the goods to your nominated address. We do not manufacture or sell goods and we do not transport the goods to you. We are essentially the provider of information which enables you to use the Services. Accordingly we disclaim liability to the fullest extent permitted by law for any direct, indirect or consequential loss, damage, death or injury howsoever arising from the purchase, use, consumption of any goods via the Site or App or from the use of the Services or from the use of any courier services. Should you have any claims in this respect you may direct them to firstname.lastname@example.org and we shall forward such claims on to the relevant Supplier.
When you use the Services to place an order for goods, you authorise the purchase and delivery of those goods from the Suppliers you select. You agree that your purchase is being made from the Supplier you have selected, that that Supplier is the merchant of record, and that title to any goods passes to you when payment is made. The contract of sale of goods shall always be between yourself and the Supplier and the contract for the carriage of goods shall always be between yourself and the courier and accordingly Stockup hereby cedes, assigns and delegates all right, title and interest that Stockup may incur under such contracts to the Supplier and Client respectively.
3 Payments and Cancellations
3.2 The majority of your payment is for the benefit of the relevant Supplier and / or courier and we only take a handling fee to cover the service we provide in facilitating your order.
3.3 The amount you will pay for your order will comprise (a) the actual price of the goods (b) delivery fee and (c) to collect; (b) a handling fee which is paid to us.
3.4 On placing your order and completing payment you will be notified when the delivery has been allocated and at key stages as they carry out your order.
3.5 If you decide to cancel your order once it has been confirmed by the Supplier, you may do so by contacting us at email@example.com, the following terms apply if you cancel:
3.5.1 If a courier has not yet been assigned, you may cancel without charge;
3.5.2 if a courier has been assigned but they have not yet collected your goods for delivery from your chosen collection point, you may cancel within the first five minutes after collection without charge, after which time you will be charged 50% of the applicable delivery charge.
3.5.3 If a courier has been assigned and has already collected your goods no cancellation will be possible and the goods will be deemed delivered notwithstanding that actual delivery has not yet occurred. No refunds will be permitted in this instance.
4.1 You may place orders for goods, which Stockup, the Supplier or Courier may accept or reject. Acceptance of orders depends on the availability of goods, correctness of the information relating to the goods (including without limitation the price) and receipt of payment by Stockup for the goods and whether Stockup is legally permitted to facilitate the purchase of such goods. To this end the following goods are not permitted for sale on this App:
4.1.1 Alcohol to persons under the age of 18
4.1.2 Schedule 1 – 5 pharmaceuticals
4.1.3 Hazardous substances including but not limited to chemical based detergents, chemical spirits, turpentine, certain glues and adhesive, fuel, paraffin, gas and the like and any items included under the relevant Hazardous Substances legislation.
4.1.4 Fuel and fuel based substances.
4.2 Stockup will indicate on receipt of payment that the order is “finished” and only at that point will an agreement of sale between you and the Supplier come into effect. This is regardless of any communication from Stockup stating that your order or payment has been confirmed. Stockup will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
4.3 Placing items in a shopping basket without completing the purchase cycle does not constitute an order for such items, and as such, items 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 Stockup or the Supplier liable if such items 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.
4.4 You acknowledge that stock of all items on offer is limited and that pricing may change at any time without notice to you. Stockup 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 Site. However, we cannot guarantee the availability of stock. When items are no longer available after placing an order, Stockup will notify you and you will be entitled to a refund of the amount paid by you for such items.
4.5 You acknowledge and accept that Stockup relies on inventory information supplied by the relevant Supplier and Stockup accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any items from a Supplier which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Supplier, your respective rights and obligations being as set out in these Terms and Conditions.
4.6 Certain items may not be purchased for re-sale. Should we suspect that any items are being purchased for re-sale, we are entitled to cancel your order immediately without notice to you.
5 You warrant:
5.1 that you will not use the Service for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the Service;
5.2 not to use the Service to deliver any item that is dangerous, illegal or intended only to annoy or abuse other users or third parties (including us or our Suppliers).
5.3 to comply with any contracts that apply between you and the Supplier and / or courier that transports your item (as may be notified to you);
5.4 not to use the Service to transmit any viruses (or similar malicious code) or any material that is infringing, obscene, defamatory, threatening or unlawful or that may harm us or any third party;
5.5 to compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these Terms;
5.6 to keep your account username and password secure at all times and not to disclose your account username and/or password to any other person; and
5.7 not to allow any other person to use or access your account.
6 Transactions involving Alcohol
6.1 You may have the option to order delivery of alcohol products in some locations and from certain retailers.
6.2.1 under the age of 18; or
6.2.2 lack the legal capacity to enter into a binding contract with us;
6.2.3 are a person barred from accessing the Site or App in terms of the Terms and Conditions of Use or by virtue of the laws of other countries including the country in which you are resident or from which you access the Site, where such sale is prohibited.
6.3 By accessing the Drinks section of the app or website and/or the content you represent and warrant that you will comply with the aforementioned restrictions
6.4 In the Republic of South Africa it is illegal to sell alcoholic products to persons under the age of 18 years. Stockup will therefore not sell any alcoholic product to any person who is not 18 years of age, nor will the products be delivered should the person taking delivery not be able to show valid identification with proof of name and birthdate (identification documentation / passport).
6.5 By ordering alcohol from the Stockup app or website you affirm that you are at least of the applicable legal age and that the person to whom your alcoholic beverages will be delivered is also of applicable legal age.
6.6 When the alcoholic beverages are delivered, the person receiving delivery may be required to show identification proving that he or she is of applicable legal age, notwithstanding that they did not place the original order. We reserve the right to request proof of age at all times.
6.7 You agree that if any applicable legal requirements for the delivery of alcohol are not met, Stockup reserves the right to cancel the alcohol-related portion of your order.
7.1 Timing of delivery - Stockup will endeavour to deliver all orders within a reasonable time. However, the Client accepts that delays may arise in some circumstances, for instance where credit card details or delivery details are incomplete or incorrect, where credit card authorisation is refused, or where the order includes unusual requests.
7.2 Identity check of recipient – For alcoholic beverages you warrant and understand that it is your responsibility to establish that the person or persons receiving the order shows current identification of the recipient to the courier delivering the items. The identification must include the recipient’s full name; date of birth; Photo; and Signature. Where this information is not available on one piece of identification, further identification must be provided by the recipient to fulfil the above requirements.
7.3 Non-delivery - If the goods cannot be delivered for any reason, such as the recipient failing or refusing to accept the items, or the recipient failing to produce adequate identification, the goods will be returned to the Supplier from which it originated and a refund will only be issued at the discretion of the relevant Supplier.
7.4 Obligations complete on delivery - Stockup is deemed to have fulfilled its obligations upon the delivery of the goods, or an attempt to deliver the goods at the delivery address provided.
7.5 Exclusion of certain warranties - Due to the unique legal relationship of of Stockup and the Client, Stockup cannot warrant and expressly excludes all expressed or implied warranties, descriptions, representations, statements and advice, including those provided in the Consumer Protection Act No. 68 of 2008, given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise. Stockup shall not be bound or responsible for any such unauthorised warranties; and/or descriptions; and/or representations; and/or statements; and/or advice, made by any of its employees, agents, suppliers or delivery people, whether made in good faith or otherwise. All warranties in respect of the goods shall be as between the contract of sale concluded between the Client and the Supplier.
7.6 Risk to pass to customer - The customer accepts and acknowledges that regardless of any advice given by an employee, agent, supplier or delivery person, that upon acceptance of the goods by the customer, all risk in the goods passes to the customer.
7.7 Product Liability - Stockup excludes all liability against any damage and/or injury and/or loss arising directly or indirectly from any defect in or non-compliance of the goods.
7.8 Limit of Liability The Client acknowledges and accepts that Stockup cannot and will not be liable for any breach of contract, loss, damage, death or injury arising from the use of the goods sold or the Services and to the full extent permit by law Stockup’s maximum liability in any event shall not exceed the price paid for the goods and / or Services.
7.9 Client’s agents and third parties - The client accepts and acknowledges that Stockup is not liable or responsible for any damage and/or injury and/or loss arising from the client’s servants, agents, buyers or any other persons.
7.10 General disclaimer - Notwithstanding the above paragraphs, Stockup shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising out of use of this website or the Service.
8 Force Majeure
8.1 Stockup shall be under no liability to the you in respect of anything that, if not for this provision, would or might constitute a breach of this agreement, where this arises out of circumstances beyond the reasonable control of Stockup, including but not limited to acts of God; natural disasters; sabotage; accident; riot; shortage of supplies, equipment, materials; strikes and lockouts; civil commotion; computer hacking; or malicious damage, power or water interruption or the like.
9 Third Party Services
9.1 The Service enables you to order courier services that are provided by a third party courier. The terms applicable to use of that third party courier’s service will apply and we will not be responsible for anything that is done or not done by you or the courier in connection with your use of their service.
9.2 We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through, or linked to from, the Service by other users or third party service providers (including Suppliers and / or couriers).
9.3 We do take reasonable measures to verify the quality of the Suppliers and couriers, such as conducting interviews, obtaining proof of identification and address. We are willing to listen and, if we deem it appropriate, take action in relation to any feedback you may have in relation to a Supplier. We are however not contractually or vicariously liable for the acts of omissions of the Supplier, the courier or their employees, agents or third party contractors.