Terms of service
108 Peaks pty Ltd - Terms and Conditions OF SERVICE
SECTION A – GENERAL TERMS AND CONDITIONS
This 108 Peaks Pty Ltd website uses a Shopify E-Commerce Platform. Any reference to the terms “our”, “provider,” “we,” and “us” refers to 108 Peaks Pty Ltd. The usage of our website, including all products, services, and tools available to you, the purchaser/buyer/user, is subject to your full acceptance of all our terms, conditions, policies, and notices. We strictly reserve the right to refuse service to anyone for any reason at any time, and we are under no obligation whatsoever to disclose the reason/s for refusal of service.
By visiting our website in any capacity and/or making a purchase from 108 Peaks Pty Ltd, you unconditionally agree to be bound by our terms and conditions, including those of our third-party providers required to fulfil the service.
If you do not agree to our terms and conditions of this agreement and those of our third-party providers, then you should refrain from accessing our website and/or making any purchases and/or using any of our services. We reserve the right to update, change or replace any product or service on our website and any part of our Terms and Conditions published on our website. Your usage, access, browsing or purchases made on our website constitute full acceptance thereof. The responsibility solely vests with you, the purchaser/buyer/user, to periodically check and familiarise yourself with any changes made.
We reserve our right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. This includes the right to cancel orders if any information on our product /service/website is inaccurate, even if the order has already been submitted. We are not obligated to routinely update, amend, or clarify information on our service or website (such as pricing), except where mandated by law. The absence of a specific update or refresh date on the service or website should not be interpreted as a guarantee that all information has been modified or updated. You can view the most current version of the Terms of Service at any time on this page. We maintain the right, at our discretion, to update, change, or replace any part of these Terms by posting the updates and changes to our website. It is your responsibility to check our website regularly for changes. Your continued access or use of our website or Service after any changes have been posted signifies your acceptance of those changes.
DISCLAIMER ON WARRANTIES & LIMITATION OF LIABILITY
Your use of our website to purchase and use any product is at your sole risk.
NO GUARANTEES
We cannot guarantee, represent, or warrant that your use of our Website will be uninterrupted, timely, secure, or free of errors. We also do not guarantee that any results obtained from using the Website will be accurate or reliable. You agree that we may temporarily or permanently discontinue or cancel a product/service/website offer at any time without notifying you.
"As Is" Basis
All our products/services/offers provided to you are offered 'as is' and 'as and when available,' unless we expressly state otherwise. This means they come without any express or implied warranties or conditions of any kind, including (but not limited to) warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
SECTION B - ONLINE WEBSTORE / E-COMMERCE PLATFORM
Our online store is hosted on Shopify. The Shopify E-Commerce platform enables us to sell our products and Services to you. Please read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
We may be required to share your Personal Information to comply with applicable laws and regulations, for example, to respond to any subpoenas, search warrants or other lawful requests for information made by authorities and/or to the extent required to protect any of our rights. The purchase and use of any product purchased from this Website is at the purchaser’s risk. The purchaser/ buyer/user fully indemnifies and holds the Provider harmless against any loss, injury or damages whatsoever, which may be sustained as a result of using the products sold on the Website. By agreeing to our Terms and Conditions, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not access or use our website for any:
Illegal Activities: Any unlawful purpose, soliciting or helping others commit unlawful acts, or violating any international, federal, state, or local laws, regulations, or rules.
Intellectual Property: Violating or infringing upon the intellectual property rights belonging to us or any third party.
Harmful Conduct: Harassing, abusing, insulting, defaming, slandering, disparaging, intimidating, or discriminating against anyone based on characteristics like gender, race, age, religion, ethnicity, or disability.
Information and Data: Submitting false or misleading information, or collecting or tracking the personal information of others.
System Integrity: Uploading or transmitting malicious code, viruses, or any other material that could negatively affect the function of the Service, related websites, other websites, or the Internet. This also includes spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
Security: Attempting to interfere with or bypass the security features of the Service, related websites, other websites, or the Internet.
Morality: Any purpose deemed obscene or immoral.
We reserve the right to end your access to our website and to take any further action required if you violate any of our terms and conditions of service.
SECTION C - SHARING PERSONAL INFORMATION
We only share your Personal Information with third party service providers required to fulfil our service to you, as placed through the E-commerce platform. The Provider undertakes that it has taken all reasonable precautions. The Provider cannot be held responsible for any security breaches occurring on the purchaser/buyer/user’s electronic devices (Laptops, PC’s, Smart devices or any other electronic device used to browse and access the internet, websites online), which may result in security breaches due to the lack of but not limited to adequate network security, firewalls, anti-virus and anti-spyware and related software. The purchaser/buyer/user may have malware, ransomware, or trojans inadvertently installed on the purchaser/buyer/user’s devices, which could lead to a breach of security.
SECTION D - PAYMENT GATEWAY
All payments for orders placed through our platform are processed securely via PayFast. By completing a purchase, you agree to the PayFast Terms of Service and Privacy Policy, which govern all transactions made through their system. We do not store or have access to your credit card or banking details. PayFast acts as an independent payment gateway, ensuring that all transactions are encrypted and processed in compliance with applicable financial regulations and data protection laws.
Please see the link and read more on:
· Payfast Payment Security and Fraud Prevention - https://payfast.io/security-fraud/ and
· Payfast General Terms and Conditions - https://payfast.io/legal/general-terms-conditions/?utm
SECTION E – SHIPPING POLICY PRODUCT DELIVERY THROUGH BOB GO
108 Peaks Pty Ltd uses Bob Go as the service aggregator across multiple courier services through a single interface to fulfil deliveries. The couriers themselves perform the deliveries — Bob Go is only the aggregator.
In this regard, you acknowledge that the performance of the Courier Services is subject to the terms and conditions of the Courier providing these services, a link to which can be found on the Website. You hereby undertake to familiarise yourself with the terms and conditions of the Courier chosen to perform the Courier Services and undertake to comply with the terms thereof. It may so happen that there is a delay in the order information being imported into Bob Go, the order information not being imported into Bob Go at all or the information being incorrectly uploaded to Bob Go, resulting in delayed and/or missed orders. Whilst this does not occur often and we endeavour to ensure that it does not, you agree that 108 Peaks Pty Ltd or Bob Go shall not be liable for any Losses incurred as a result of there being a delay in order information being imported into Bob Go, order information not being imported into Bob Go at all or information being incorrectly uploaded to Bob Go.
SHIPPING POLICY
Standard delivery fees, as defined by our courier, apply to all orders under R1000. Shipping is free on any order over R1000 after all vouchers and discounts are fully deducted. Priority shipping can be requested and, if accepted, will be charged at additional fees charged by the courier. Deliveries are expected to take approximately 7-10 working days. Deliveries are not booked on weekends.
SHIPPING ZONES
It is important to ensure that the correct shipping options are selected based on your delivery address:
- Johannesburg and Surrounds: This shipping option includes any address in and around Johannesburg, including Midrand, Pretoria, Edenvale, Sandton, Braamfontein etc.
- Main Cities in South Africa (CT, PE, DBN): This shipping option includes any address in Cape Town, Port Elizabeth and Durban.
- Regional Shipping (All Areas OUTSIDE of Main Cities): Please select this option if your address is not within any of the areas listed above.
The purchaser is solely liable and bears full responsibility for inserting an incorrect shipping zone or delivery address.
DELIVERY EXCLUSIONS & EXCURSIONS
Next-day delivery does not apply on weekends and public holidays. It should be noted that any orders placed on these days will be processed on the next business day. Delivery timelines may be impacted by circumstances beyond our control, including but not limited to the following: courier delays, unforeseen events, stock shortages, or force majeure.
Please see the link and read more on Bob Go's Terms and Conditions, as well as the Company Logos with links to the Terms and Conditions of the multiple courier companies used by Bob Go. https://www.bobgo.co.za/terms?
SECTION F – ACCURACY OF INFORMATION
We do not warrant that the information on this site is accurate, complete, or current. All content is provided for general informational purposes only and should not be relied upon without verifying details through primary or updated sources. Use of any material on this site is at your own risk. Historical information may be provided for reference only. We reserve the right, without prejudice, to amend any of our site content at any time, without any obligation whatsoever to keep it updated. You are responsible for monitoring any such changes.
SECTION G – RETURNS & REFUND POLICY
We have strong controls and quality assurance processes in place, and we make every effort to ensure only products of the highest quality are sent for packaging. Please note that damages need to be reported within 24 hours of receipt of the order.
Refunds will only be processed in full for Damaged goods & Undelivered goods. Any negligence/error on behalf of the purchaser, such as inserting an incorrect delivery address or selecting incorrect items, will not qualify for any refund. If the customer wants to report a damaged item, please do so within 24 hours of receiving the product so we can assist you. A proper description of the defect must be accompanied by supporting pictures and emailed to management@108peaks.com - If your return is accepted, we will arrange for our courier to collect the item/s from you at the original address where the parcel was delivered. The product must be returned in its original packaging accompanied by your proof of purchase. The return delivery cost will be the responsibility of the purchaser.
Upon receipt, our quality assurance team will assess the returned item (s) and make a decision. Only if the item (s) are confirmed damaged, the purchaser will be given the option to receive replacement item (s) or a refund. If the refund option is chosen, the refund will be processed to the same card used for the purchase, and we will also refund you for the delivery cost of the return. It should be noted that the refund timeline can vary across banks and can take a few business days to reflect in your account.
OUR CONTACT DETAILS:
If you require any assistance and need to contact us, please use the following:
· Send Email to : management@108peaks.com
· Send WhatsApp Messages : +27 66 387 5753
SECTION H - PRODUCTS AND SERVICES
All product descriptions, pricing, and availability are subject to change without notice. We make no warranty that the quality of any products, services, or information obtained by you will meet your expectations, or that any errors in the Product or Service fulfilment will be corrected. We reserve the right to limit the sale of any of our products or services to any person, company, or area. We also reserve the right to limit quantities and to change, suspend, or stop offering any product or service at any time without notice. These limits may be applied on a case-by-case basis. Certain products or services may be available exclusively on our website. All eligible products are subject to our Return Policy.
We ensure that high-quality images and photos are displayed on our website. We make every effort to display product colours and images as accurately as possible. However, we cannot guarantee that your Laptop or Smart Device used to view the product will accurately display the actual colours of our products on your screen.
Our product prices are subject to change without prior notice. We are not liable to you or any third party for any modification, price adjustment, suspension, or discontinuation of the Service. Standard Shipping rates will apply to all orders. Free shipping is available only if the final checkout amount exceeds R1000 after all vouchers and discounts are fully deducted.
SECTION I - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, household, or order.
These restrictions can apply to orders that use:
· The same customer account.
· The same credit card.
· The same billing and/or shipping address.
We also reserve the right to limit or prohibit orders at out sole discretion. If we change or cancel an order, we may attempt to notify you using the email, phone number, and/or billing address you provided when the order was made.
PERSONAL INFORMATION
Our Privacy Policy governs your submission of personal information through the store.
OBLIGATION FOR ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made. You must also promptly update your account and contact details to ensure that you can be contacted if required.
SECTION J – LIMITATION OF LIABILITY, INDEMNIFICATION & SEVERABILITY
In no event will 108 Peaks Pty Ltd, its directors, officers, employees, including all affiliates, agents and third-party suppliers, be liable for any injury, claim, loss, or any damages, whether direct, indirect, incidental, punitive, special, or consequential. These damages include, but are not limited to, lost profits, lost revenue, lost data, or replacement costs.
This limitation applies to any claim based on contract, negligence, liability, or otherwise, arising from your use of the website or any product/s obtained through it. It covers errors or omissions in content, or any loss/damage incurred from using the
In the event that any jurisdiction does not allow the exclusion or limitation of liability for incidental or consequential damages, our liability in those areas will be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless 108 Peaks Pty Ltd and any related parties from any claim or demand, including reasonable attorneys’ fees, made by a third party. This duty arises from or is related to your breach of these Terms (or documents they incorporate) or your violation of any law or third-party rights.
SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that specific provision will still be enforced to the maximum extent allowed by applicable law. The unenforceable part will be considered separated from these Terms, and this separation will not affect the validity or enforceability of any other remaining provisions.
SECTION K – GOVERNING LAW
This Website is controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, they are responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. Suppose any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable. In that case, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Our contact information is posted below:
108 PEAKS PTY LTD
management@108peaks.com
Whatsapp Number: +2766 387 5753