These terms and conditions are the contract between you and The Discerning. By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
The terms and conditions:
In this agreement:
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
means original work created by you in any medium and sent to us with a view to our using it to decorate / to enhance / to improve / as an option / in our The Bully Shield offerings.
means a person who submits a design to us with a view to our selling Products containing all or part of that design.
means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.
means any website of ours, and includes all web pages controlled by us.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly;
means any of the products we offer for sale on Our Website, or, if the context requires, products we sell to you.
In this agreement unless the context otherwise requires:
A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
These terms and conditions apply to all supplies of Products by us to any customer. They prevail over any terms proposed by you.
Any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing; except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
In this agreement references to a party include references to a person to whom relevant rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
these terms and conditions apply in any event to you as a buyer or prospective buyer of our Products and so far as the context allows, to you as a visitor to Our Website.
this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Our contract with you
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
We do not guarantee that Products advertised on Our Website are available.
We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Products.
The price of Products may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy that Product.
If in future, you buy Products from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
Acceptance of your order
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Products to you. At any point up until then, we may decline to supply the Products to you without giving any reason.
Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
If we do not have all of the Products you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order.
Price and payment
Prices of Products are shown on Our Website.
It is possible that the price may have increased from that Posted on Our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
Prices include RSA value added tax. If you show by your delivery address that you reside outside South Africa, VAT will be deducted at the payment point.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than South African Rands will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
If, by mistake, we have under-priced a Product, we will not be liable to supply that Product to you at the stated price, provided that we notify you before we dispatch it to you.
The price of a Product does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
Security of your credit card
We take care to make Our Website safe for you to use.
Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
Cancellation and refunds
Whether you buy as a Consumer or not, this paragraph applies to all our customers.
We now inform you that information relating to all aspects of our Products is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
The following rules apply to cancellation of your order:
If you have ordered a Product, but not received it, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
If you have ordered a Product, and received it, you may cancel your order at any time within 7 days of the date you received the Product. You must tell us that you wish to cancel. You must also send the Product back to us within that same 7 day period.
We will return your money subject to the following conditions:
we receive the Product in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
You are responsible for the cost of returning the Product. We have no obligation to refund to you, your cost of re-packing and returning the Product.
In any of the above scenarios, we will return your money within 14 days.
Foreign taxes and duties
If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing Products which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
The law differs from one country to another. This paragraph applies to sales throughout South Africa.
All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
We make no representation or warranty for:
- any implied warranty or condition as to merchantability or fitness of the Product for a particular purpose;
- the adequacy or appropriateness of the Product for your purpose.
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Products concerned.
We shall not be liable to you for any loss or expense which is:
- indirect or consequential loss; or
- economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies
If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.
Nothing in this agreement excludes liability for a party's fraud.
Your account with us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Products.
If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
- be malicious or defamatory;
- consist in commercial audio, video or music files;
- be illegal, obscene, offensive, threatening or violent;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- solicit passwords or personal information from anyone;
- be used to sell any products or services or for any other commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- request personal information from other users nor Post any unnecessary personal information about you or any user without his permission.
- link to any of the material specified above, in this paragraph.
- send age-inappropriate communications or Content to anyone under the age of 18.
Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted.
- the name, logo or trademark of any organisation other than yours.
- inaccurate, false, or misleading information;
How we handle your Content
If you Post Content to any public area of Our Website it becomes available to the public domain. We have no control who sees it nor what anyone does with it.
You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.
Removal of offensive Content
For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
If you are offended by any Content, the following procedure applies:
- Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or not.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
- share with a third party any login credentials to Our Website;
Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Product;
- a breach of the intellectual property rights of any person.
We will defend the Intellectual Property rights in connection with our Products and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
Subject to other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
If you are not happy with our services or have any complaint then you must tell us by email message to [email protected]
If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide Products or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Products or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Products or that service.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
This agreement does not give any right to any third party or otherwise.
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control,
In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of South Africa and you agree that any dispute arising from it shall be litigated only in that country.