1.1    Copyright 2007 © Kettlebells for Africa, 9 Robin Road, Edenglen, 1609, South Africa. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact The Directors by e-mail at info@kettlebellsforafrica.co.za
1.2    Users may download, view and print content from this site for private and non-commercial purposes only.
1.3    All moral rights of Kettlebells for Africa and its employees/agents are reserved.

2. INTELLECTUAL PROPERTY RIGHTS

2.1    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 Kettlebells for Africa and as such are protected from infringement by local and international legislation and treaties.

3. ELECTRONIC COMMUNICATIONS

3.1    When a user visits Kettlebells for Africa or sends e-mails to Kettlebells for Africa, that user consents to receiving communications from Kettlebells for Africa electronically and agrees that all agreements, notices, disclosures and other communications sent by Kettlebells for Africa satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

4. HYPERLINKS

4.1    No person, business or web site may link to any page on this site without the prior written permission of Kettlebells for Africa. Such permission could be obtained from the person referred to in clause 1 hereof.
4.2    Hyperlinks provided on this site to non-Kettlebells for Africa sites are provided as is and Kettlebells for Africa does not necessarily agree with, edit or sponsor the content on such web pages.

5. FRAMING

5.1    No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

6. SPIDERS AND CRAWLERS

6.1    No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Kettlebells for Africa. Such permission could be obtained from the person referred to in clause 1 hereof.

7. DISCLAIMER

7.1    Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Kettlebells for Africa 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 this web site or the services or content provided from and through this web site. Furthermore, Kettlebells for Africa 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 the person referred to in clause 1.
7.2    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 Kettlebells for Africa 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.
7.3    Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Kettlebells for Africa and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
7.4    All items purchased from Kettlebells for Africa are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Kettlebells for Africa to such agents upon delivery of any item to such carrier.
7.5    Neither Kettlebells for Africa 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.

8. COSTS

8.1    PRICES:
8.1.1    The price (inclusive of VAT) of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.

8.2    SHIPPING COSTS:
See Shipping & Returns Policy

8.3 VALUE ADDED TAX:
8.3.1    Value added tax at the rate of 14% is charged on goods bought by South African residents.
8.3.2    VAT is not payable on orders if both the billing and the shipping address are international.

8.4 IMPORT DUTIES:
8.4.1    Import duties may be payable by recipients of goods in foreign countries. Kettlebells for Africa does not know what levies may be payable and cannot calculate or estimate such costs.

9. PAYMENT METHODS

9.1    Kettlebells for Africa does not support Credit Card Payments at this time.

9.2    Bank deposit payments.
9.2.1    If the buyer selects the 'pay via bank deposit' button, instructions will be given on how to deposit monies into the Kettlebells for Africa bank account and it would be subject to the following rules:
9.2.1.1    The exact amount must be paid
9.2.1.2    The payment must be identified by supplying the surname in the reference section of the deposit slip or on the electronic transfer.
9.2.1.3    No transfers must be made from ATM's
9.2.1.4    Cheque deposits are subject to a clearing period.
9.2.1.5    No bank deposits are accepted from outside the borders of South Africa.
9.2.1.6    Unpaid bank deposit orders are cancelled after five business days.

9.3   On Collection.
9.3.1    If the buyer selects the 'Pay on Collection’ button, it would be subject to the following rules:
9.3.1.1    The buyer or assign brings the exact amount in cash when collecting.
9.2.1.2Cheques will not be accepted under any circumstances.
9.2.1.3The order is collected within 5 (five) business days after completion of the purchase cycle

10. RESTRICTIONS ON SALES

10.1    Books and DVDs published under license from DragonDoor Publications:
10.1.1    Kettlebells for Africa is only permitted to sell books and DVDs published under license from DragonDoor Publications within SOUTHERN AFRICA including South Africa, Namibia, Lesotho, Swaziland, Mozambique, Zimbabwe and Botswana.

10.2    Regional encoding of DVDs:
10.2.1    Kettlebells for Africa only supplies DVDs that are encoded for use in region 2 or are encoded for multiple zones.

10.3    Heavy items +9kg:
10.3.1    Items that weigh +9kg are not delivered outside the borders of South Africa.

11. AGREEMENTS OF SALE

11.1    Placing an item in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:
11.1.1    constitute an agreement of sale between Kettlebells for Africa and users cannot hold Kettlebells for Africa liable if such items are not available when the purchase cycle is completed later; and/or
11.1.2    constitute an order for such an item; and
11.1.3    Kettlebells for Africa may remove such an item from the shopping basket or wishlist if no stock is available.

11.2    An agreement of sale between Kettlebells for Africa and a user only comes into effect if and when:
11.2.1    A deposit of an electronic transfer is reflected on Kettlebells for Africa's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or
11.2.2    A direct deposit is reflected on Kettlebells for Africa's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle; or
11.2.3The order is collected and paid for within 5 (five) business days after completion of the purchase cycle.

11.3    Kettlebells for Africa reserves the right to refuse to accept and/or execute an order without giving any reasons. Kettlebells for Africa also reserves the right to cancel orders in whole or in part as circumstances dictate. Kettlebells for Africa shall only be liable to refund monies already paid by the user.

11.4    Kettlebells for Africa shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Kettlebells for Africa will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

12. STOCK AVAILABILITY

12.1    Stocks of all goods on offer are limited. Kettlebells for Africa shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Kettlebells for Africa shall only be liable to refund monies where it is unable to fulfill orders at advertised prices.

13. SPECIAL OFFERS

13.1    Kettlebells for Africa shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.
13.2    If Kettlebells for Africa supplies the wrong product or if the product is in any way faulty or damaged, Kettlebells for Africa will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and Kettlebells for Africa will refund the purchase price including delivery costs.

14. GUARANTEE

14.1    If Kettlebells for Africa supply the wrong product or if the product is in any way damaged or faulty as a result of a manufacturing defect, Kettlebells for Africa will exchange it for the correct one within 14 (fourteen) business days after being notified by the customer. Kettlebells for Africa will make a reasonable effort to exchange the product, but if replacement is not possible, Kettlebells for Africa will refund the purchase price including delivery cost. Please note: goods are not guaranteed against faults resulting from normal wear and tear.
14.2    Special offers: If Kettlebells for Africa supplies the wrong product or if the product is in any way faulty or damaged, Kettlebells for Africa will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and we will refund the buyer's purchase price including delivery costs.
14.3    Note that once opened, the following types of goods will not be accepted for a refund and will only be replaced with another copy of the same product: DVDs and Books

15. GOVERNING LAW

15.1    This site is hosted, controlled and operated from the Republic of South Africa and therefor governed by South African law.

16. PRIVACY

See Privacy Policy

17. SECURITY

17.1    Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Kettlebells for Africa suffers any damage or loss.
17.2    The user agrees and warrants that its log-in name and password shall:
17.2.1    be used for personal use only; and
17.2.2    not be disclosed to any third party.
17.3    The user allows Kettlebells for Africa to take all reasonable steps to ensure the integrity and security of the Kettlebells for Africa site and back-office applications.

18. CHANGES TO AGREEMENT

18.1    Kettlebells for Africa may, in its sole discretion, change this agreement or any part thereof at any time without notice.

19. DISPUTES

19.1    In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for, or arising out of this agreement, and not resolved through the Customer Relations Department of Kettlebells for Africa, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English.

20. DOMICILIUM

20.1    Kettlebells for Africa 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, 9 Robin Road, Edenglen, 1609.

21. TERM AND TERMINATION

21.1    This agreement shall commence when the user registers on the Kettlebells for Africa site and continues indefinitely until terminated by Kettlebells for Africa in terms of clause 17 hereto or for any other reason.

22. GENERAL INFORMATION

22.1    Kettlebells for Africa Reg No:1992/001552/07. Directors: SA Cairns, MECairns.