LAST UPDATED : AUGUST 2023
Please read these terms and conditions carefully before using GAPFLAP’s online shopping services.
Interpretation and Definitions
INTERPRETATION
The words of which the initial letter is capitalised have meanings defined under the following conditions regardless of whether they appear in singular or in plural:
DEFINITIONS
- “Account” means a unique account created for You to access our Service or parts of our Service.
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to GAPFLAP.
- “Country” refers to South Africa.
- “Content” refers to text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- “Device” means any device that can access the Service such as a computer, a cell phone or a tablet.
- “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- “Products” refers to the products or items offered for sale on the Service.
- “Orders” means a request by You to purchase Products from Us.
- “Service” refers to the Website.
- “Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions set out on this page that form the entire agreement between You and GAPFLAP regarding the use of the Service.
- “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- “Website” refers to GAPFLAP, accessible from https://www.gapflap.co.za
- “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
You Acknowledge
You agree to be bound by these Terms and Conditions setting out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Services on this Website are conditional to Your acceptance of and compliance with these Terms and Conditions, which apply to all visitors, users and others who access or use the Website. If You disagree with any part of these Terms and Conditions then You may not access the Website.
You acknowledge that you are over the age of 18. We do not permit those under 18 to use the Service.
You acknowledge that you have read our Privacy Policy carefully before using Our Service. It describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use our Website and tells You about Your privacy rights and how the law protects You.
User Accounts
When creating an account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website.
Safeguarding the security of Your password, which is required to access the Website and Services, is Your responsibility. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.
You may not use the name of another person or entity as a username nor any name that is otherwise offensive, vulgar or obscene.
Content
You understand that by accessing the Website You may be exposed to content that You may find offensive, indecent, incorrect or objectionable. You agree that under no circumstances will We be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
CONTENT BACKUPS
We do not guarantee there will be no loss or corruption of data even though regular backups of Content are performed. Corrupt or invalid backup points may be caused by Content that is corrupted prior to being backed up, or that changes during the time a backup is performed.
We will provide support and attempt to troubleshoot any known or discovered issues, but You acknowledge that We have no liability related to the
integrity of Content or the failure to successfully restore Content to a usable state.
Placing Orders for Products
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.
YOUR PERSONAL INFORMATION
When You place an Order for Products available on this Website, You may be asked to supply personal information relevant to Your Order including, without limitation, Your name, email, phone number, billing and shipping address information. We do not collect any credit card details. We use a third-party company to process all online payments.
You represent and warrant that:
ORDER CANCELLATION
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Products availability
- Errors in the description or prices for Products
- Errors in Your Order
- Failed payments
We reserve the right to cancel Your Order if fraud or an unauthorised or illegal transaction is suspected.
Products You have purchased can only be returned or refunded in accordance with these Terms and Conditions.
AVAILABILITY, INACCURACIES AND ERRORS
The Products available on Our Website may be priced incorrectly, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Website and in Our advertising on other websites. We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
PRICES POLICY
The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
PAYMENTS
Payments are collected using Yoco Gateway and all transactions are protected by advanced 3D-Secure technology. Read Yoco’s Terms and Conditions here.
SHIPPING
Estimated delivery times to major cities and towns are 3-4 working days, while parcels to rural and remote areas may take longer to be delivered. GAPFLAP doesn’t guarantee any delivery times and cannot be held liable for any courier delays that are beyond our control, such as:
- Failed delivery attempts.
- Service disruptions.
- Harsh weather conditions.
We deliver to South African destinations exclusively. Contact us if your order takes longer than 7 working days to arrive.
PROMOTIONS
Any Promotions made available through on this Website may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
WARRANTIES, REFUNDS AND RETURNS
The GAPFLAP product warranty is limited to proven manufacturing defects only, in which case it will be replaced. No returns and no refunds in all other cases.
Intellectual Property
The Product, Service and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Company is protected by copyright, trademark, and other laws of the Country. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further confirm and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We reserve the right to terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party
software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and
makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:
- as to the operation or availability of the Service, or the information, content, and materials or products offered;
- that the Service will be uninterrupted or error-free;
- as to the accuracy, reliability, or currency of any information or content provided through the Service; or
- that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local or national laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Severability and Waiver
SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
WAIVER
Except as provided in this document, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. We strongly urge You to revisit these Terms and Conditions on a regular basis. By continuing to access or use Our Website and/or Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us by writing to nico@gapflap.co.za