Terms and Conditions
This website can be accessed at www.dropperz.co.za, related sites, and software applications and is owned and operated by MM ONLINE (PTY) LTD.
These Website Terms and Conditions govern the ordering, sale, and delivery of Goods and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website, including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Sign Up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for an extensive range of goods including sport, home and kitchenware, baby and toddler products, electronics, health and beauty products, movies and TV, gaming, books, music, toys, pet supplies, and more.
When you use our Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions and provided that any delivery address, including for returns collections, is a delivery address within the borders of the Republic of South Africa.
Dropperz allows third party sellers to list and sell their Goods on the Website (“VENDOR”). Dropperz will indicate on relevant product pages and checkout pages when Goods are for sale by a vendor. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Dropperz. This will be made clear in the relevant clause.
Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
may limit the risk or liability of Dropperz or a third party; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Dropperz or a third party; and/or
serves as an acknowledgment, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Dropperz to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation, as the case may be, created for either you or Dropperz in terms of the CPA.
Dropperz permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Returns
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements, or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Registration and Use of the Website
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Dropperz. You will need to use your unique username and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall:
be used for personal use only; and
not be disclosed by you to any third party.
For security purposes, you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such order, save where the order is canceled by you in accordance with these Terms and Conditions.
You agree to notify Dropperz immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using Dropperz you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software, or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute, or modify the Website or the information contained herein, without the prior written consent from an authorized Dropperz representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech, or is otherwise unlawful.
You may not in any way display, publish, copy, print, post, or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized Dropperz representative.
Conclusion of Sales and Availability of Stock
Registered users may place orders for Goods, which Dropperz or the Vendor may accept or reject. Whether or not Dropperz or the Vendor accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price), and receipt of payment or payment authorization by Dropperz for the Goods.
NOTE: Dropperz or the Vendor will indicate the acceptance of your order by delivering the Goods to you via a courier service or allowing you to collect them, and only at that point will an agreement of sale between you and Dropperz or the Vendor come into effect. This is regardless of any communication from Dropperz stating that your order or payment has been confirmed. Dropperz will indicate the rejection of your order (by Dropperz itself) by canceling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
Any order of a television will be subject to the condition that we obtain from you your valid TV license number and your account holder ID. If we do not receive your TV license number and your account holder ID, or your TV license number cannot be validated, you will not be able to check out with the television in your shopping basket.
Placing Goods in a Wishlist or shopping cart without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping cart if stock is no longer available or the price thereof might change without notice to you. You cannot hold Dropperz or the Vendor liable if such Goods 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.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Dropperz, Dropperz 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 Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Dropperz will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
In the case of Goods for sale by a Vendor, Dropperz relies on inventory information supplied by the relevant Vendor and Dropperz accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Vendor which are in fact sold out, any resulting dispute should be resolved between you and the relevant Vendor, your respective rights and obligations being as set out in these Terms and Conditions.
Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
Payment
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Whether the Goods are for sale by Dropperz or a Vendor, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
debit card; where payment is made by debit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases, we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization, your order will be canceled and you will be informed thereof;
credit card; where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases, we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization, your order will be canceled and you will be informed thereof;
direct bank transfer; and/or
any other method as may be provided by Dropperz from time to time. Payment must be made in the currency as stipulated on the Website.
When making payment, you will be required to provide your payment details including your credit/debit card details, and you warrant that you are authorized to use the credit/debit card you are using.
In the event that the payment method you select requires a third party’s authorization and payment is not authorized by such third party, Dropperz will not be liable for any delay in the dispatch or delivery of the Goods or any other issues that may arise.
All transactions will be processed in South African Rand.
Delivery
Dropperz will notify you of the estimated delivery time when you place your order. However, any delivery timeframes are estimates only and Dropperz does not warrant that delivery will occur within the indicated timeframe.
Dropperz will arrange for delivery of the Goods to the delivery address you provide during the order process.
Dropperz will not be liable for any delays in delivery which result from events outside of its control. Dropperz will make reasonable efforts to deliver within the time specified but does not guarantee the delivery time.
Should you fail to take delivery of the Goods or if the delivery is delayed due to your instructions or lack thereof, Dropperz will be entitled to charge you any additional costs incurred as a result of the failure to deliver on time or any rescheduling of the delivery.
Dropperz will be entitled to charge you for any additional costs incurred if delivery is refused.
Should you wish to change the delivery address, you must inform Dropperz in writing as soon as possible before the Goods are dispatched.
Goods will be delivered to the address indicated by you, which must be a physical address within the Republic of South Africa.
Returns and Refunds
The return of Goods, including for a refund or exchange, shall be governed by Dropperz’s Returns Policy. You are advised to refer to the Returns Policy for the procedures and applicable conditions regarding returns and refunds.
In the event of a return, refunds will be processed to the original payment method, or as otherwise agreed with you.
Third Party Sellers/Vendors
Dropperz enables third party sellers to offer Goods on the Website. If you purchase Goods from a third party seller, your transaction is with that seller and Dropperz will not be a party to that transaction.
Dropperz will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”) arising out of or in connection with the Sale between you and a Third-Party Seller on behalf of the Third-Party Seller according to Dropperz own Returns Policy. Should such a claim escalate into being a dispute, although Dropperz is entitled to become involved in an attempt to resolve it, Dropperz is not obliged to do so and any disputes must be resolved between you and the relevant Third-Party Seller alone.
Intellectual Property
All intellectual property rights in the Website, including but not limited to copyright, trademarks, and patents, are owned by Dropperz or its licensors. No license to use such intellectual property is granted to you by virtue of these Terms and Conditions.
You may not use any trademarks, logos, or service marks on the Website without the express prior written consent of Dropperz.
Limitation of Liability
To the extent permitted by law, Dropperz will not be liable for any indirect, special, or consequential loss or damage, or any loss or damage whatsoever arising out of or in connection with the use of this Website or the purchase of Goods.
Dropperz will not be liable for any loss or damage resulting from the failure or delay of delivery.
Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of South Africa.
Any disputes arising from these Terms and Conditions or the use of the Website will be subject to the exclusive jurisdiction of the South African courts.
General
These Terms and Conditions constitute the entire agreement between you and Dropperz regarding your use of the Website and supersede any prior agreements.
Dropperz may amend these Terms and Conditions from time to time. Any changes will be posted on the Website and will take effect immediately upon posting.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Dropperz’s failure to enforce any provision of these Terms and Conditions will not constitute a waiver of such provision.
You may not assign or transfer your rights or obligations under these Terms and Conditions without the prior written consent of Dropperz.
