Terms and Conditions

  1. Introduction
    1. This website can be accessed at www.onswinkel.com, related and is owned and operated by Solidariteit Helpende Hand (“Ons Winkel”, “we”, “us” and “our”).
    1. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    1. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    1. 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, eBooks, music, toys, pet supplies, and more (“Goods”).
    1. Ons Winkel allows third-party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Ons Winkel will indicate on relevant product pages and checkout pages when Goods are for sale by a Third-Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Ons Winkel. This will be made clear in the relevant clause.
    1. Goods sold on the website is secondhand goods and is sold “voetstoots”
    1. No guarantee or warranty will accompany any of the goods
    1. Customers buy goods on their own risk.
  2. Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    1. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Ons Winkel or a third party; and/or
      1. may create risk or liability for the user; and/or
      1. may compel the user to indemnify Ons Winkel or a third party; and/or
      1. serves as an acknowledgement, by the user, of a fact.
    1. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    1. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Ons Winkel to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with eBooks, please pay particular attention to clause 10 below, which describes the nature, functionality, usage rights and delivery of eBooks.
    1. 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 Ons Winkel in terms of the CPA.
    1. Ons Winkel 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.
  3. Returns
    1. 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).
  4. Registration and use of the website
    1. Only registered users may order Goods on the Website.
    1. To register as a user, you must provide a unique username and password and provide certain information and personal details to Ons Winkel. You will need to use your unique username and password to access the Website to purchase Goods.
    1. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      1. not be disclosed by you to any third party.
    1. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    1. 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 cancelled by you in accordance with these Terms and Conditions.
    1. You agree to notify Ons Winkel 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.
    1. By using the Website, 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.
    1. You agree that you will not in any way use any device, software, or another 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 devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized Ons Winkel representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    1. You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    1. 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 Ons Winkel representative.
  5. Conclusion of sales and availability of stock
    1. Registered users may place orders for Goods, which Ons Winkel or the Third-Party Seller may accept or reject. Whether or not Ons Winkel or the Third Party Seller 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 Ons Winkel for the Goods.
    1. NOTE: Ons Winkel or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Ons Winkel or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Ons Winkel stating that your order or payment has been confirmed. Ons Winkel will indicate the rejection of your order (by Ons Winkel itself or the Third-Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    1. Before 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.
    1. 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.
    1. Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Ons Winkel or the Third-Party Seller liable if such Goods are not available or are not available at the price when you complete or attempt to complete the purchase cycle at a later stage.
    1. 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 Ons Winkel, Ons Winkel 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, Ons Winkel will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
    1. In the case of Goods for sale by a Third-Party Seller, Ons Winkel relies on inventory information supplied by the relevant Third-Party Seller and Ons Winkel accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
    1. Certain Goods may not be purchased for resale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
    1. Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.
  6. Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    1. Whether the Goods are for sale by Ons Winkel or a Third-Party Seller, payment can be made for Goods via –
      1. debit card.
      1. credit card: where payment is made by credit card, we may require additional information to authorize and/or verify the validity of payment. In such cases we are entitled to withhold delivery until the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization, your order for the Goods will be cancelled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
      1. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Ons Winkel will not accept your order if payment has not been received.
      1. Instant EFT.
      1. cash on delivery; by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.
      1. Ons Winkel Vouchers.
    1. You may contact us via our “Kontak ons” page to obtain a full record of your payment. We will also send you email communications about your order and payment.
    1. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  7. Delivery of goods
    1. Ons Winkel offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
      1. courier; or
      1. self-collection.
    1. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
    1. Where it accepts your order, Ons Winkel or the Third-Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not, to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
    1. Ons Winkel’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Ons Winkel is not responsible for any loss or unauthorized use of a product after it has delivered the product to the physical address nominated by you.
  8. Errors
    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 
    1. Ons Winkel shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.
  9. Gift Vouchers & Coupons
    1. Ons Winkel may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Ons Winkel Goods. Gift Vouchers and Coupons can only be redeemed while they are valid, and their expiry dates cannot be extended. More specifically:
    1. Gift Vouchers
      1. Gift Vouchers that are purchased by registered users are valid for 3 years after Sale. Gift Vouchers that Ons Winkel gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
      1. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.
      1. Ons Winkel is not responsible for any harm due to the loss, unauthorized use or unauthorized distribution of a Gift Voucher after it has delivered the Gift Voucher to you or the email address nominated by you.
    1. Coupons

      1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon “), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon “).
      1. Coupons are issued in Ons Winkel’s sole discretion and we are entitled at any time to correct, cancel, or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorized manner). 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.
      1. As a rule, and unless specified otherwise on the specific Coupon itself:
        1. each Coupon can only be used once.
        1. only one Coupon can be used per order.
        1. only one Coupon can be used on the Website per person per promotion/campaign.
        1. Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000.
        1. where a Percentage Coupon has been used and you wish to cancel any items in the order before making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel.
        1. a Coupon must be used at check-out – it cannot be used on later existing orders; and
        1. 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.
      1. Coupons cannot be used to buy Gift Vouchers or other Coupons and cannot be exchanged or refunded for cash or credit. Ons Winkel is not responsible for any harm due to the loss, unauthorized use, or distribution of a Coupon.
      1. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us to confirm if the Coupon is still valid.  If Ons Winkel confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
      1. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Ons Winkel before you can use a Coupon.
  10. Discounted and Sale Goods
    1. From time to time, we may offer certain Goods at discounted prices or any other temporary deal which are explained below (each a “Sale”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Sale. If you buy a product within the scope of a Sale, you will pay the discounted price for that product (the “Sale Price”).
    1. However, if you buy a product in a manner that falls outside of the scope of a Sale, then you will pay the then-current (non-Sale) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Sale.
    1. For example: if you buy more than one product in a Sale, you will pay the Sale Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Sale.
    1. Products on Sale
      1. At our discretion, Sale’s (“Sales”) are available daily from 7 am – 23:59 on weekdays and from 9 am – 23:59 on weekends. In addition, please note that Sales have a stock limit and may expire earlier if stock runs out.
      1. Sales quantities are limited and as such, after a Sale is sold out, those Goods may be available on the Website at their normal selling prices (but no longer as a Daily Deal).
      1. We do not guarantee a specific saving. The extent of the Sale or discount is at the sole discretion of Ons Winkel.
      1. Only one of each Sale may be purchased per customer.
      1. Adding a Sale to your cart or completing your order for a Sale without paying for it, does not reserve the item for you. Ons Winkel must receive payment from you within 24 hours of you placing your order for a Sale, otherwise we will cancel your order.
      1. Ons Winkel will reserve stock for customers in the order in which it receives payment. Therefore, if you pay via EFT, you might not get your item because Ons Winkel may only receive payment from you a few days later, and in the meantime, the Sale might sell out to customers paying immediately.
      1. The List Price shown in respect of the Sale and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third-Party Seller, the List Price may be provided by the Third-Party Seller.
      1. By purchasing any Sale, you are also automatically opting in for our Sale newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
  11. eBooks
    1. An “eBook” means an electronic book capable of being opened and read on your PC or Mac computer using Adobe Digital Editions software (“Adobe Reader”), and on certain other mobile hardware devices such as iPhones and Android. Your access to any eBook purchased by you from us will be granted via a link to such eBook) (the “Link”).
    1. IMPORTANT – Limits to functionality and usage of eBooks:
      1. You will not be able to read eBooks on devices that do not support either of the Reader Applications, therefore check your device before purchasing an eBook.
      1. Even if a device supports either of the Reader Applications, eBooks will only be able to be read on such devices that you have associated with your profile in the relevant Reader Application. If you have not registered additional devices with one of the Reader Applications, you will only be able to read the eBook on the device onto which it was first downloaded.
      1. You will need to be connected to the internet when you download an eBook and open it for the first time.  On subsequent openings of the eBook, you will not need to be connected to the internet, provided you are opening the eBook from the device on which you first downloaded and opened the eBook.
    1. Ordering eBooks: When ordering an eBook from us, you will be ordering the right to download such eBook from the relevant publisher and consequently, if Ons Winkel accepts your order, delivery will take place electronically via the internet as described below.
  • Delivery of eBooks:
    • Where Ons Winkel accepts your order, upon receipt or confirmation of payment, we will obtain your Link to the relevant eBook from the relevant eBook publisher and deliver such Link to you in your email. The speed of delivery of a Link will depend on a variety of factors, most of which are internet-related and beyond our control (such as server availability, ADSL lines etc.) and as such, Ons Winkel does not hereby undertake to make delivery within any specific timeframe. However, as a guide only, delivery should occur within a few seconds, but can also take up to several hours. You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
      • To reduce the risk of fraud, eBook publishers limit the number of times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click to prevent fraud.
      • The Link will not appear if you have removed it, or Ons Winkel has removed it under your having ‘returned’ the eBook (if possible, in accordance with Ons Winkel’s Returns Policy pertaining to eBooks from time to time);
      • Ons Winkel does not guarantee that eBook publishers will make their eBooks available for download indefinitely and Ons Winkel accepts no responsibility or liability to you or any other person if, upon your accessing and clicking the Link, the relevant eBook publisher no longer has the eBook available for download via such Link, provided that, if you discover and report such a problem within 6 months of your receipt of the Link, you will be entitled to a full refund of the purchase price paid therefor.
    • We do not charge any delivery fees for electronic delivery of the relevant eBook link, however, you may incur costs (eg internet service provider fees) associated with downloading the eBook, and we will not under any circumstances be liable for any such costs incurred by you.
    • Practical issues to note in utilizing the Link to download the eBook:
      • The Link will contain your unique reference number as allocated by the publisher of the eBook. By clicking on the Link, a small locator file, unique to you, will be downloaded and will give you access to the eBook.
      • IMPORTANT: the locator file required to access the eBooks will only be downloaded IF the device you are using to click the Link is already associated with the relevant Reader Application (i.e. if you are using a PC or Mac to click on the Link, you must have the Adobe Reader installed on that PC/Mac.)
      • If you have any problems relating to the functionality of your Link, please report same to us so that we can assist you in resolving the problem.
    • Returns of eBooks: Please refer to our Refunds Policy.
    • Illegal use of eBooks:
      • All eBooks are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of eBooks is intended for your personal and non-commercial use. Any other use of eBooks purchased from us is strictly prohibited.
      • You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of eBooks, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ eBooks to any other person. You may also not do anything which otherwise contravenes any license conditions imposed by the publisher, as described on the relevant eBook’s product detail page. These prohibitions are hereinafter referred to as “Illegal Activities”.
      • By downloading any eBook, you hereby acknowledge and agree to these Terms and Conditions. You hereby undertake that you shall not do nor try to do any of the Illegal Activities. You hereby indemnify Ons Winkel from any loss, damage, or expense it may suffer or from claims which may be made by third parties against Ons Winkel which arise from or in relation to your having participated in any Illegal Activities in relation to any eBook sold by Ons Winkel.
  • Third-Party Sellers
    • Ons Winkel will indicate on relevant product pages and checkout pages when Goods are for sale by a Third-Party Seller. In such cases, Ons Winkel only provides the platform to facilitate transactions between Third Party Sellers and Ons Winkel customers. Ons Winkel is neither the buyer nor the seller of these Goods unless otherwise specified.
    • The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third-Party Seller is therefore solely between the registered user and such Third-Party Seller. Ons Winkel is not a party to that sale.
    • The Third-Party Seller is solely responsible for fulfilment of the delivery of the Goods. The Third-Party Seller is also responsible to provide an invoice to the registered user if required.
    • Not all Third-Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third-Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third-Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
    • Because Ons Winkel wants the registered user to have a safe and consistent experience, Ons Winkel will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Ons Winkel’s Returns Policy. Should such claim escalate into being a dispute, although Ons Winkel is entitled to become involved in an attempt to resolve it, Ons Winkel is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
  • Privacy policy
    • We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
    • Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
      • your name and surname.
      • your email address.
      • your physical address.
      • your gender.
      • your mobile number; and
      • your date of birth.
    • Should any of your information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
    • You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    • Subject to clause 13.6 below, we will not, without your express consent:
      • use your personal information for any purpose other than as set out below:
        • in relation to the ordering, sale, and delivery of Goods.
        • to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us)
        • to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
        • to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits or tracking your sales on the Website; or
      • disclose your personal information to any third party other than as set out below:
        • to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information to assist us to communicate with you properly and efficiently;
        • to our divisions, affiliates and/or partners (including their employees and/or third-party service providers) for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
        • to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
        • to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc.). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their benefit.
        • to our suppliers for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
        • to any Third-Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 12 above).
    • We are entitled to use or disclose your personal information if such use or disclosure is required to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of fraudulent online payment, Ons Winkel is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
    • We will ensure that all of our employees, third-party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations concerning your personal information.
    • Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
    • We will –
      • treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy.
      • take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure, or access.
      • provide you with access to your personal information to view and/or update personal details.
      • promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information.
      • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
      • upon your request, promptly return or destroy all your personal information in our possession or control, save for that which we are legally obliged to retain.
    • We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
    • Ons Winkel undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
    • Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
    • If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Ons Winkel, ONS WINKEL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
    • Concerning eBooks –
      • Adobe may collect, receive, use and share this data, but only in accordance with Adobe’s RMSDK Privacy Policy and general Privacy Policy contained at http://www.adobe.com, as amended from time to time.
      • Data, in this clause, means any information relating to a registered user including all information that could be used to identify, locate, or contact an individual, and data relating to a registered user’s use of the relevant Reader Application, which Adobe indicates it may collect in accordance with its Privacy Policy identified above.
    • This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognize repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third-party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected using cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will, therefore, be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 15.
  • Changes to these Terms and Conditions
    • Ons Winkel may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    • Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  • Electronic communications
    • When you visit the Website or send emails to us, you consent to receive communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 13 above.
  • Ownership and copyright
    • The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of Ons Winkel, its advertisers and/or sponsors and/or is licensed to Ons Winkel.
    • You will not acquire any right, title, or interest in or to the Website or the Website Content.
    • Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our “Kontak ons” page
    • Where any of the Website Content has been licensed to Ons Winkel or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  • Disclaimer
    • The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    • Whilst Ons Winkel takes reasonable measures to ensure that the content of the Website is accurate and complete, Ons Winkel makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Ons Winkel’s representatives, Ons Winkel shall not be bound thereby.
    • Ons Winkel disclaims liability for any damage, loss, or expenses, whether direct, indirect or consequential, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    • Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    • Any views or statements made or expressed on the Website are not necessarily the views of Ons Winkel, its directors, employees and/or agents.
    • In addition to the disclaimers contained elsewhere in these Terms and Conditions, Ons Winkel also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which can corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which can corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Ons Winkel, its employees, agents or authorized representatives. Ons Winkel thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
  • Linking to third party websites
    • This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Ons Winkel is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    • Even though the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained therein.
  • Limitation of liability
    • Ons Winkel cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Ons Winkel, its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our “Kontak ons”
    • ONS WINKEL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
    • YOU HEREBY INDEMNIFY ONS WINKEL AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
  • Availability and termination
    • We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    • Ons Winkel may in its sole discretion terminate, suspend, and modify this Website, with or without notice to you. You agree that Ons Winkel will not be liable to you if it chooses to suspend, modify, or terminate this Website other than for processing any orders made by you before such time, to the extent possible.
    • If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    • Ons Winkel is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Ons Winkel to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process the payment on any order, and/or to cancel any order concluded between you and Ons Winkel, in whole or in part, on notice to you. Ons Winkel shall only be liable to refund monies already paid by you (see Ons Winkel’s Returns Policy in this regard) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    • At any time, you can choose to stop using the Website, with or without notice to Ons Winkel.
  • Governing law and jurisdiction 
    • These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    • In the event of any dispute arising between you and Ons Winkel, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    • Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal, or forum of competent jurisdiction in terms of the CPA.
  • Notices
    • Ons Winkel hereby selects 2nd Floor, Southdowns Ridge Office Park, 1240 John Voster Drive, Irene, Centurion, 0062,  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Ons Winkel may change this address from time to time by updating these Terms and Conditions.
    • You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Ons Winkel not less than 7 days’ notice in writing.
    • Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
      • by hand will be deemed to have been received on the date of delivery.
      • by prepaid registered post, will be deemed to have been received 10 days after the date of posting.
      • by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day.
      • by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
  • Complaints 

    • We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our “Kontak ons” page on the Website or you can contact our call center on 012 111 8360.
    • If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: [email protected]
      CGSO
  • Information
    • For the purposes of the ECT Act, Ons Winkel’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      • Full name: Ons Winkel, Solidariteit Helpende Hand, a NON-Profit organization, registered in South Africa with registration number 2005 /026334/08
      • Main business: Non-Profit organization
      • The physical address for receipt of legal service (also postal and street address): 2nd Floor, Southdowns Ridge Office Park, 1240 John Voster Drive, Irene, Centurion, 0062
      • Office bearers: Johan Nel, Alet Robbeson and Pieter van der Walt.
      • Phone number: 012 111 8360
  • General
    • Ons Winkel may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
      • You may not cede, assign, or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
      • Any failure on the part of you or Ons Winkel to enforce any right in terms hereof shall not constitute a waiver of that right.
      • If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
      • No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
      • No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
      • These Terms and Conditions contain the whole agreement between you and Ons Winkel and no other warranty or undertaking is valid unless contained in this document between the parties.