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Last Updated on Thursday, 02 February 2012 16:41 Written by Administrator Wednesday, 11 January 2012 12:53
Who you are contracting with:
www.modlin.org (the "Website") is owned and operated by Modlin Education registration number: 2002/005571/07 (hereinafter referred to as "Modlin").
Visitors to the Website ("Users" or "you"), including those Users who purchase any products on the Website ("Purchasers") are bound by these terms and conditions ("T&C").
If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.
Lay-out of these T&C: These T&C apply to your use of, and purchases made on, the Website and are divided into various sections as follows:
Part 1 – Purchases from Modlin – terms and conditions applying to purchases from Modlin (including where Modlin acts as sales agent for suppliers)
Part 2 – General – terms and conditions applying to your use of the Website and any purchases made by you on the Website. Please take note of the Disclaimer clause in particular.
PART 1 – PURCHASES FROM MODLIN
Modlin Products & Availability
Identification of Modlin products:
Product listings which do not specify the name of a third party seller, are products offered for sale by Modlin and, once added to your shopping basket, will reflect the Modlin icon.
Stocks of all goods on offer are limited. Modlin shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should Modlin be unable to fulfil any order placed by you at the advertised price due to stock having sold out, Modlin will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy ("Refund Policy")
Please note that although Modlin endeavours to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to Modlin for a full refund within 7 days of delivery. Please see our Refund Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).
Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:
constitute an agreement of sale; and/or
constitute an order for such product,
and as such, Modlin may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold Modlin liable if such product is not available when the purchase cycle is completed at a later stage.
An agreement of sale only comes into effect if and when:
you electronically submit a properly completed order for one or more products in your shopping basket; and
payment is either authorised, or received by Modlin in its bank account
Termination of Sales & Cancellation of Orders
By Modlin: Modlin reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Modlin, in whole or in part, on notice to you. Modlin shall only be liable to refund monies already paid by you (see Modlin's Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.
By You: Save for certain exceptions and subject to certain charges you are entitled to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please read the Refund Policy for further details in this regard.
The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa.
Value Added Tax:
Value added tax at the rate of 14% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.
Import duties may be payable by recipients of goods in foreign countries. Modlin does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.
Modlin shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Modlin will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery
Subject to the Exceptions listed below, your payment for any products ordered from Modlin must be made to Modlin's bank account in any one of the following ways:
Credit card payments and Electronic Funds Transfer.
At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If bank’s authorisation is not obtained, the order will be cancelled.
ukash is a voucher based payment system which practically allows "cash only" buyers to buy off your website. Buyers purchase a voucher at major retail outlets (eg. Pick n Pay) and redeem the vouchers against purchases from your site. This works for international buyers too!
If you wish to pay via bank deposit, instructions will be given on how to deposit monies into Modlin's bank account and it would be subject to the following rules:
the exact amount must be paid;
the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
no transfers may be made from ATM's;
cheque deposits are subject to a clearing period.;
no bank deposits are accepted from outside the borders of South Africa; and
your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.
Please contact our call center should you wish to pay via bank deposit on 0861 0 22222.
Where we deliver: Modlin delivers to addresses both within and beyond the borders of South Africa.
Inside the borders of South Africa
All Modlin items listed on the Website have an indication of the delivery time:
24-72 hours (depending on delivery address) – Modlin offers a next-day delivery service depending on the delivery address but only for main centres in South Africa. If all the items in your basket are 24-hour delivery products and the order is placed before 12h00 on a business day (being Monday to Friday), and the delivery address specified by you is located in a main centre, you will receive it the following day (eg: if you place your order before 12h00 on Friday, delivery will be made on Monday). Main centres include any destination within a 50km radius of the following cities: Pretoria, Johannesburg, Bloemfontein, Cape Town, George, Port Elizabeth, East London, Durban, Pietermaritzburg and Nelspruit. Delivery outside main centres is usually within 3 working days.
internationally sourced books - usually 15 business days.
Outside the borders of South Africa
Goods to the following international destinations are sent as follows:
African countries - delivery to a post office in such African country only;
All other countries - via airmail parcel post or via courier (the costs of courier delivery usually being very high and determined on an ad hoc basis).
Delivery usually takes place within 2 or 3 weeks after dispatch, however, seasonal peaks and delays at customs is outside the control of Modlin and deliveries may take up to 12 weeks.
IMPORTANT TO NOTE:
Delivery periods are only regarded as having commenced upon payment confirmation being received by Modlin.
If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order. Should you thus wish to receive 24 hour products within 24 hours, for example, Modlin recommends that you order such products separately from the products requiring longer delivery times.
Modlin makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.
If paying with a specific credit card for the first time on the Website, Modlin may carry out certain fraud checks with the cardholder’s bank and the delivery period shall only be regarded as having commenced upon completion of such checks.
Pre-order products (being products you can order in advance of their public release date) will be handled separately, and will be shipped when ready. If you have any pre-orders in your basket together with other products, the basket will be split into a different orders, and you may choose different delivery addresses for each order.
Modlin may make physical and/or electronic gift vouchers (“Vouchers”), as well as electronic promotional coupons (“Coupons”) available on the Website from time to time.
Vouchers and Coupons can only be redeemed -
while they are valid, their expiry dates being unable to be extended;
on the Website towards the purchase of Modlin products
Physical Vouchers can be purchased and will be delivered in the same way that Modlin products are, either on their own or together with other products.
However, if you place any electronic Vouchers in your shopping basket with other goods, the system will split the basket contents into two orders (one for the goods, and one for the electronic Voucher/s). Payment for the electronic Voucher/s will also be obtained from the bank immediately.
Vouchers cannot be –
used to purchase other Vouchers or Coupons;
exchanged for cash or transferred or assigned to any other person once already partially redeemed towards a purchase.
Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific Modlin products listed on the Website.
Coupons are issued electronically at Modlin's own discretion. Users do not have a right to Coupons and Coupons cannot be earned.
Coupons are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Coupon itself –
a Coupon can only be used with promotional offers on the Website;
only one Coupon can be used per shopping basket; and
the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. Please note the following exception in this regard: should the value of the products in your shopping basket have qualified for 'Free Delivery', but after application of the Coupon to such basket, the remaining balance is less than the value required in order to qualify for Free Delivery, delivery costs in respect of such basket will be added and be payable by you.
Note that Coupons cannot be –
used to purchase other Vouchers or Coupons;
used to purchase Marketplace Sellers' products (even if the latter are included in a shopping basket containing Modlin products);
exchanged for cash; or
transferred or assigned to any other person.
PART 2 – GENERAL
Note that this part 2 applies to all purchases made on the Website.
Should you not be satisfied with any product purchased by you on the Website, by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard, and how products are to be returned to us. Please click here to read such Refund Policy.
A full record of every sale and related transaction between you and shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.
Save for Modlin being liable to you –
under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Modlin to you via the Website; and
under sections 43(5) and 43(6) of the ECT Act in relation to Modlin’s payment systems not being sufficiently secure,
Although the products sold via the Website may be under warranty, the Website itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Modlin and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of these T&C, you and Modlin submit to the non-exclusive jurisdiction of the South African courts.
Modlin shall take all reasonable steps to protect your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). PAIA may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promofaccestoinfoact2.pdf
Modlin may electronically collect, store and use the following of your personal information:
name and surname;
country of residence;
non-personal browsing habits and click patterns;
mobile number (if provided by you);
IP address; and
ID number / passport number.
Modlin collects, stores and uses the abovementioned information for the following purposes:
to greet you when you access the Website;
subject to your consent, to inform you of facts relating to your access and use of the Website;
subject to your consent, to inform you about competitions and special offers from Modlin and/or its partners / affiliates;
to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;
to verify your identity when transacting with Modlin;
to ensure that the goods are received by the addressee; and
to facilitate communication between you and any Marketplace Sellers from whom you have made purchases.
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
You may elect not to receive any communications from Modlin and/or its partners / affiliates.
Modlin may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
Modlin shall not disclose your personal information unless –
you consent thereto;
disclosure to a Marketplace Seller is necessary for purposes of your purchases from such Marketplace Seller;
Modlin may compile, use and share any information that does not relate to any specific individual; and
Modlin owns and retains all rights to non-personal statistical information collected and compiled by Modlin.
You acknowledge and agree that certain personal information (i.e. your full names, delivery address, email address, and contact number) will be disclosed to Marketplace Sellers from whom you have ordered products in order to enable delivery of such products to you and to facilitate communication between you in relation to your purchase of such products.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Modlin suffers any damage or loss.
You agree and warrant that your log-in name and password shall:
be used for your personal use only; and
not be disclosed to any third party.
You allow Modlin to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
All credit card transactions are Secure Socket Layers encrypted. Modlin's registration documents and the Website's registered domain name are checked and verified by Thawte.
Modlin may, in its sole discretion, change these T&C or any part thereof at any time on notice to you.. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
Between you and Modlin
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Modlin on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Modlin, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
Between you and a Marketplace Seller
Modlin is not your, or any Marketplace Seller's, agent and will not act as either of your agent in connection with resolving any disputes between the two of you.
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Modlin from time to time (as described above), for so long as the Website exists and is operational, Modlin being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by Modlin).
Any and all copyright subsisting in the Website, including these T&C, vests in Modlin and all rights not expressly granted are reserved.
Modlin cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Modlin of any content that may be offensive or illegal.
All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Modlin and as such are protected from infringement by local and international legislation and treaties.
When you visit the Website or send e-mails to Modlin, you consent to receiving communications from Modlin electronically and agree that all agreements, notices, disclosures and other communications sent by Modlin satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
Hyperlinks provided on this Website to non-Modlin sites are provided as is and Modlin does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
Modlin's information is as follows:
Full name: Modlin Education (PTY) LTD, registration number: 2002/005571/07
Main business: developers of customised multimedia training material.
Address for receipt of legal service: Modlin House, 104 William Road, Norwood, 2192, Johannesburg, Gauteng, Republic of South Africa
Office bearers: David Modlin (Director), Gareth Fearnley (Accounts Executive)
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.naspers.co.za
Code of Conduct: not applicable
Purchases from Modlin
Modlin delivers both within South Africa, and internationally. Delivery promotions may run for specified periods and when available they will be advertised on site and in the Free delivery section. Delivery charges on orders placed from Modlin outside the specified promotion dates will be calculated according to the following rules:
Delivery within South Africa
Delivery charges are calculated automatically on the total value and weight of all products included in an order, when the order is created.
The cost of delivery within the borders of South Africa is as follows:
South African Post Office – R 25.00 per dictionary
Takes 5-7 working days to deliver
Note that the South African Post Office only accepts parcels with a maximum weight of 30Kg.
Courier through our distribution centers
R 150.00 for 1-15 books.
Free delivery for any order above 15 books.
24-72 working hours
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