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Terms & Conditions

Terms and Conditions The Pelican-ProGear™ Products Online South Africa (www.pelican-progear.co.za) website is operated by Glossarium Innovations (Pty) Ltd, registered under the Company Number 2012/146285/07. Website Your use of this website indicates your acceptance of the following terms and conditions. If you do not agree with them, please do not use our site. If you are under 18, you may use Glossarium Innovations (Pty) Ltd website only with the involvement of a parent or guardian. We will do our utmost to ensure that the availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. Monitoring We have the right, but not the obligation, to monitor any activity and content associated with the website. We cannot screen or edit all of the content on the website and do not accept any liability for illegal, defamatory or obscene content. We may investigate any reported violation of these conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website). All moral rights of and its employees/agents are reserved. Users are encouraged to inform Glossarium Innovations (Pty) Ltd of any content that may be offensive or illegal. Use of Site You may use this site to browse content and make legitimate purchases only. This site and the content provided on this site including design and trademarks may not be copied, reproduced, republished, uploaded, downloaded, modified, posted transmitted or distributed or used for any commercial purpose except with the express written consent of Glossarium Innovations (Pty) Ltd. Unauthorised use of this site and of the materials contained on this site may violate applicable copyright, trademark or other intellectual copyright laws. You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Glossarium Innovations (Pty) Ltd, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following: for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Glossarium Innovations (Pty) Ltd reserves the right (but not the obligation) to remove or edit any content. Any unauthorised use terminates the permission or license granted by Glossarium Innovations (Pty) Ltd. You may not systematically extract and/or re-utilise parts of the contents of the website without the express written consent of Glossarium Innovations (Pty) Ltd Should you be in violation of the above it is understood that you will be held liable for all legal costs. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect. Updating of Terms and Conditions These Terms and Conditions shall commence as soon as the user enters, uses or registers on the Glossarium Innovations (Pty) Ltd site www.pelican-progear.co.za and continues indefinitely until terminated by Glossarium Innovations (Pty) Ltd. We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time without notice. Changes to these Terms and Conditions will become effective upon such time changes are posted to this Website. It is the User’s obligation to check Terms and Conditions at the Website for changes or updates. Your continued use of the website following any changes to these terms and conditions will mean that you accept those changes. Links No person, business or web site may link to any page on this site without the prior written permission of Glossarium Innovations (Pty) Ltd. Glossarium Innovations (Pty) Ltd may contain links to other websites. We do not necessarily agree with, assume responsibility or liability for their actions, products or content or of any other third-parties. We cannot be responsible for their content or for private information you may choose to share with them. We encourage you to read all Privacy Policies before disclosing personal information. Pricing Glossarium Innovations (Pty) Ltd offers competitive pricing on all products. Our showcase will show products and the price. When you proceed through the shopping cart facility the courier charges will be added accordingly based on the information supplied. The total price on check-out will then include everything (on the day of shipping). All products are subject to availability and receipt of payment. The price of the product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website. We reserve the right to change pricing at any time without prior notice. All pricing is in South African Rand (ZAR). Please note that pricing and stock availability is subject to change without prior notice. Although every effort is taken to ensure that product prices are accurately displayed, www.pelican-progear.co.za / Glossarium Innovations (Pty) Ltd will not be obliged to sell a product which has been displayed at an incorrect price or delivery price, at such incorrect price (or delivery price). www.pelican-progear.co.za / Glossarium Innovations (Pty) Ltd will only be liable to refund monies it has already received should you not wish to proceed with the sale. Despite our best efforts, a small number of the products may be mispriced If a product’s correct price is lower than our stated price; we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Exchange rate fluctuations Prices shown on www.pelican-progear.co.za may fluctuate due to exchange rate fluctuations. Prices on orders placed but not confirmed by Glossarium Innovations (Pty) Ltd may also be adjusted to compensate for exchange rate fluctuations. In such a situation the client has the option to reject the adjusted prices and cancel their order. Product Availability Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. We will endeavour to notify you of these delays in stock availability, and if an item is out of stock or discontinued, as soon as our suppliers notify us. We will contact you via email with a revised shipping schedule, ask you to select an alternative product or will offer a full refund within 30 days. All sales are subject to availability of stock. Stocks of all goods on offer are limited. We reserve the right to cancel an order for which payment has already been received. This for instance may occur if stock is insufficient. Should this occur the customer will receive a full refund with no deductions. Please note that dispatch estimates are just that. Typical dispatch times on stock items are between five and seven days from confirmation of payment. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable. There will be no credit given on order price difference, due to any price changes. Glossarium Innovations (Pty) Ltd reserves the right to adjust product and delivery costs on the website at any time. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Glossarium Innovations (Pty) Ltd reserves the right at any time after receipt of order to accept or decline your order for any reason. We may require additional verifications or information before accepting an order. If you have paid for a purchase and your order is cancelled, Glossarium Innovations (Pty) Ltd will reimburse your order. In the event a product is listed at an incorrect price due to typographical error, Glossarium Innovations (Pty) Ltd shall have the right to refuse or cancel any order placed for products listed at the incorrect price. Methods of payment Security and Encryption of payments is handled by PayFast (www.payfast.co.za) At the time of placing the order, the transaction details are presented to the bank and an authorisation is obtained for the amount of the order. Payment is only collected when the order is completed. Note that to protect it’s own and the interests of customer, Glossarium Innovations (Pty) Ltd scrutinises all transactions very carefully to prevent attempted fraud and a transaction may be refused if Glossarium Innovations (Pty) Ltd is not satisfied with its legitimacy. Internet Transfer – EFT This is our preferred method of payment and is highly recommended for orders that need to be received within seven working days. Credit Card The anti fraud verification procedures we use on our credit card payments generally means that orders take longer to arrive. We accept Visa and Master Card. Credit card transactions will be acquired for Glossarium Innovations (Pty) Ltd via PayFast (www.payfast.co.za) who are the approved payment gateway. PayFast uses the strictest form of encryption and no credit card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy. Please note due to high incidences of online credit card fraud our credit card processor and our bank may contact you to verify your credit card information and identity. This procedure may take a couple of days to complete. Customer details will be stored by Glossarium Innovations (Pty) Ltd separately from card details which are entered by the client on payfast secure site. For more details on PayFast refer to www.payfast.co.za. Communication When you visit Glossarium Innovations (Pty) Ltd or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Users of this website may send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Glossarium Innovations (Pty) Ltd, or its content suppliers. Glossarium Innovations (Pty) Ltd respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us. Delivery Policy Subject to Availability Please ensure the correct delivery address is provided from the outset as title and risk will pass to you once the order has left our premises. Should the delivery time be likely to fall outside our delivery time frame you will be informed via e-mail as soon as possible. We understand that when you buy items on the internet you want to receive them as soon as possible! Glossarium Innovations (Pty) Ltd cannot be held responsible if the recipient is not available at time of delivery and as a result a delay occurs. Courier When using our Service please allow 5 – 7 working days delivery on stock items when you are located in a main city centre. Our products are all sent via courier to Johannesburg and Pretoria and other Main City Centres and Main Regional Areas within South Africa. Special Deliveries i.e. Out of our normal delivery areas courier charges will be advised subject to agreement with you before dispatching. Special Services i.e. Weekends and After Hours a surcharge will be added. On Public Holidays a surcharge will be added. Same day delivery a surcharge will be added and needs to be booked with our couriers no later than 10h00 am that day. You will be notified about these charges via e-mail for you to agree on before dispatching. Deliveries to remote hospitals, power stations, farms, mines, chain stores, embassies will are deemed special services and a surcharge will be added. Courier charges are subject to change without notification. Delivery prices will vary depending on a number of factors, including but not limited to delivery address, product, size, weight etc. We do not send invoices when sending orders to other delivery addresses, therefore please request that we email you a separate invoice should you require it. For non-stock items an estimated delivery is indicated, usually between 21 – 28 days subject to stock availability in United States of America. Please allow at least 3 – 5 weeks delivery on all imported products that are brought in especially for your order. When your orders arrive at our offices you will be notified by e-mail to advise delivery. Insurance Goods are not automatically insured unless specifically requested at additional costs. Returns Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment Should you for any reason wish to cancel your order after payment has been made and the goods been collected by the courier a 15% charge for administration cost will be attracted. You must advise us in writing or via e-mail of your cancellation and any such cancellation must be signed by the person who made the original order. If a user is not 100% satisfied with her product and the product is still in mint condition, these are to be returned in their original state. Please ensure that returned items are undamaged and are in the original packaging and all associated documentation is still present. Advice must be with us in writing and must be signed by the person who made the original purchase. This must be received within 7 days of the product being delivered. You are responsible for any other service provided to you in connection with your purchase, e.g. delivery charge. The item(s) must be returned within 14 days of purchase. This returns policy does not affect your statutory rights. Users may return products for a credit to the same value which can be used to purchase any other product. Glossarium Innovations (Pty) Ltd recommends that you use a courier service with 24hr tracking facilities for all returns. Should you choose to use a carrier that does not offer a tracking facility and the goods are lost then no refund or return will be considered. All credits will be refunded should you not wish to purchase an alternative product to the credit card, debit card or bank account used in the purchase of the order. No refunds will be done in cash and only electronically. If you cancel an order in part and if delivery charges are recalculated to the amended order and they exceed the original order’s delivery charges, then you will be liable for the excess amount. Our Guarantee If the item you have ordered is faulty, defective or the wrong item please notify us within 7 days of the product being delivered, our 14-day guarantee means that if returned to us unused and in its original condition and packaging together with all associated documentation within 14 days a prompt replacement will be given (in this instance we will pay the delivery fee). We will exchange this for the same product for something of equivalent value. Glossarium Innovations (Pty) Ltd will check all items returned as damaged or defective. In the event we find no fault, we reserve the right to re-charge you for the item/s and to recover our fees and expenses from you. Please note that goods are not guaranteed against faults resulting from normal wear and tear. Any complaints regarding the standard and quality of the product or products bought through our business should be directed to info@glossarium.co.za For Pelican Products limited lifetime guarantees and warranties please review the following link http://www.pelican.com/info/support-guarantee.php Disputes In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Country of Domicile This website is governed by the laws of South Africa and Glossarium Innovations (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: Glossarium Innovations (Pty) Ltd P.O. Box 1861 Noordheuwel 1756 South Africa Intellectual Property Rights All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Glossarium Innovations (Pty) Ltd and as such are protected from infringement by local and international legislation and treaties. Agreement of Sale An agreement of sale between Glossarium Innovations (Pty) Ltd and a user only comes into effect if and when: Payment has been made and proof of payment has been received and confirmed by Glossarium Innovations (Pty) Ltd . Until then the goods remain the property of Glossarium Innovations (Pty) Ltd. Glossarium Innovations (Pty) Ltd reserves the right to refuse to accept and/or execute an order without giving any reasons. Glossarium Innovations (Pty) Ltd also reserves the right to cancel orders in whole or in part as circumstances dictate. Glossarium Innovations (Pty) Ltd shall only be liable to refund monies already paid by the user. When you place an order to purchase a product from Glossarium Innovations (Pty) Ltd, we will send you an e-mail confirming receipt of your order and containing the details of your order. Any products on the same order which we have not confirmed to you do not form part of that contract. Liability Neither Glossarium Innovations (Pty) Ltd nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site. Disclaimer The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents. Neither Glossarium Innovations (Pty) Ltd nor any of its agents or representatives shall be liable for any direct, indirect, general, special incidental or consequential damages, (including without limitation – data loss, lost revenues or lost profit) or liability of whatsoever nature arising from the use or inability to use or the correct or incorrect use, abuse, or misuse of these contents or the services or content provided, including the inability to fulfil particular orders of any description from and through this web site. Furthermore, Glossarium Innovations (Pty) Ltd makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to Glossarium Innovations (Pty) Ltd. This web site is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Glossarium Innovations (Pty) Ltd that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Glossarium Innovations (Pty) Ltd and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site. Due to changing market forces and other extenuating circumstances that affect product availability and price stability, we reserve the right to withdraw any product we advertise and change prices without notice. Information contained throughout our website and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors and omissions. We reserve the right to make changes and corrections in prices, products and specifications without notice. Images and dimensions displayed on this web site should be regarded as illustrative and for informational purpose only. The actual product may vary slightly to the images and dimensions stated. Glossarium Innovations (Pty) Ltd may change the content of the Terms & Conditions at any time without prior notice. It is your responsibility to check regularly whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using this website. Privacy Policy We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website. All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone. We will take or reasonable steps to protect the personal information of users. Glossarium Innovations (Pty) Ltd may electronically collect, store and use the following personal information of Users: name and surname; identity number; contact numbers; postal and physical address; e-mail address; to authorise the User when a backup / restore from the Glossarium Innovations (Pty) Ltd web site is required, to contact users in order to perform service checks ensuring your internet experience is efficient, and meets your individual needs. Information is also used to measure the number of visitors to the site, this includes information to measure traffic, the number of pages visited and the level of demand for pages and topics. The logs may be preserved indefinitely and used at any time and in any way to prevent security breaches and to ensure the integrity of the data on our servers. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings. A cookie is an element of data that a site can send to your browser, which cookies may include information such as login or registration identification and user preference information etc., Some browsers may be configured to alert the user when a cookie is being sent, or to refuse to accept cookies. Other sites, however, cannot be accessed unless the browser accepts cookies. Glossarium Innovations (Pty) Ltd shall not disclose personal information from Users without the users personal consent; Glossarium Innovations (Pty) Ltd shall disclose information without the User’s consent only through due legal process; and Glossarium Innovations (Pty) Ltd may compile, use and share any information that does not relate to any specific individual. Glossarium Innovations (Pty) Ltd owns and retains all rights to non-personal statistical information collected and compiled by Glossarium Innovations (Pty) Ltd. We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an e-mail. Obligations of the Customer As a Customer of Glossarium Innovations (Pty) Ltd, you must provide accurate, current and complete information about yourself at all times. Governing Law This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law. Company Information This website is Powered by Dabo www.pelican-progear.co.za wholly owned by, Glossarium Innovations (Pty) Ltd registered in South Africa Reg. No. 2012/146285/07 Members: J. Da Silva E-Mail: info@glossarium.co.za PO Box 1861 Noordheuwel 1756 Accounting Officer: SOUTH AFRICAN ACCOUNTANTS www.saaccountants.co.za Telephone: 086 127 3727 Fax: 086 657 7850 For Glossarium Innovations (Pty) Ltd]]>