Terms & Conditions
Welcome to the SealsOnline™ website offered by Blue Office One (Pty) Ltd, “we”, “us” or “our”. The following terms and conditions govern your access to and use of the website located at sealsonline.co.za the “Site”, “Website”or the “SealsOnline website” and any of the content, functionality and services offered on or through the Site.
The SealsOnline™ website enables you to shop online for an extensive range of tamper evident goods, seals, bags, allied products and other or more “goods”.
SealsOnline™ resells premium tamper evident products and also allows third party sellers to list and sell their goods on the website each a “Third Party Seller”. Certain terms in these Terms & Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from SealsOnline™.
Please read the Terms & Conditions carefully before you start to use the Site. By using the Site you accept and agree to be bound and abide by these Terms & Conditions, found at sealsonline.co.za, incorporated herein by reference. If you do not want to agree to these Terms & Conditions, you must not access or use the Site.
These Website Terms & Conditions govern the Use of the Website, the ordering, sale and delivery of goods.
These Terms & 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 & Conditions.
SealsOnline permits the use of this Website subject to the Terms & Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms & Conditions.
We reserve the right to modify or withdraw temporarily or permanently the website without prior notice to you and you confirm that we will not be held liable to you or any third party for any modification or withdrawal.
Important Notice Regarding Claims and Agreement to Arbitrate
Please note: these Terms & Conditions contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court for disputes relating to your use of the Site. These are found in the Disclaimer of Warranty sections below. Please read these terms carefully and make sure that you understand them before continuing with your use of the Site. If you do not agree to such terms, please do not use the Site.
Changes to the Terms & Conditions
We may revise and update these Terms & Conditions from time to time in our sole discretion without prior notice. For this reason, we encourage you to review these Terms & Conditions whenever you use the Site. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Site and Account Security
We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the website through your internet connection are aware of these Terms & Conditions and comply with them.
To access certain services or features offered via the website, you may be asked to create an “Account” and/or to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is true, accurate, current and complete. You agree that all information you provide to register with the website or otherwise, including but not limited to through the use of any interactive features on the website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
In using the Site, you shall not impersonate any person or entity or misrepresent your identity, including using another person’s username, password or other account information. The website is offered and made available to users who are 18 years of age or older. By using the website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
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.
You agree to notify SealsOnline immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
We have the right to disable any username and password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & 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.
Intellectual Property Rights
The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by South Africa and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms & Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not modify copies of any materials from this website.
Additionally, you agree not to use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website.
Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website.
Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.
Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the website.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
The SealsOnline name, the SealsOnline logo and, except as otherwise noted, all other trademarks, logos, service marks, product and service names, designs, slogans and trade names displayed on this site are registered and unregistered trademarks and trade names (“Trademarks”) that are owned or licensed by us or our affiliated companies. You must not use such Trademarks without prior written permission from us. Where specifically indicated, the other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
Third Party Sellers
SealsOnline is a buyer and seller of third party seller’s goods. From time to time SealsOnline will be neither the buyer nor the seller and only a facilitator to the transaction between Third party sellers and buyers on the website. When SealsOnline is only a facilitator to the transaction between Third party sellers and buyers which will be indicated on the website, then the third party seller is solely responsible for the fulfilment of delivery of the goods and also responsible to provide an invoice to the buyer if required.
SealsOnline and also some third party sellers may not be registered for VAT and will therefore not be able to charge VAT and issue a tax invoice in respect thereof.
Conclusion of Sales and availability of stock
Users may place orders for goods, which SealsOnline or the Third Party Seller may accept or reject. Whether or not SealsOnline 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 authorisation by SealsOnline for the goods.
SealsOnline or the Third Party Seller will indicate the acceptance of your order by delivering the goods to you, and only at that point will an agreement of sale between you and SealsOnline or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from SealsOnline stating that your order or payment has been confirmed. SealsOnline will indicate the rejection of your order by SealsOnline itself or the Third Party Seller by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery you may return the goods only in accordance with the Returns Policy.
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 SealsOnline, SealsOnline 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, SealsOnline 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 Third Party Seller, SealsOnline relies on inventory information supplied by the relevant Third Party Seller and SealsOnline accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Sellers which are in fact 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.
Made-to-order offers
Made-to-order offers allows you to place pre orders for products that have not been produced or completed yet or which need customising with unique requirements.
When you choose the Made-to-order offer, SealsOnline or a third party seller then completes a security verification and sample agreement.
Should the security verification and sample agreement done by SealsOnline or a third party seller be deemed unsuccessful, we will indicate the rejection of your order by cancelling it, and as soon as possible thereafter, refunding you for any amount already paid.
You will be charged immediately when choosing a Made-to-order offer.
You are entitled to cancel your Made-to-order offer to the point at which you receive a notification of the completed and signed security verification and sample agreement.
SealsOnline or a third party seller reserves the right to discontinue without refund before starting or during manufacture of a Made-to-order offer and to destroy materials in relation to that specific made-to-order if notice of cancelation is received after the security verification and sample agreement has been completed, received by SealsOnline or a third party seller.
No refunds for cancellations sent to us by email will be considered after receiving your signed off security verification and sample agreement.
Should it be established that payments and orders received are made for the purpose of fraudulent or criminal activities, no refunds will be permitted and the relevant authorities will be contacted.
Errors
All reasonable efforts will be taken to accurately reflect the description, availability, purchase price and delivery charges of goods on the website.
Should any errors occur for whatever reason we shall not be liable for any loss, claim or expense.
SealsOnline shall not be bound by any incorrect information displayed on any third party websites.
Disclaimer of Warranties, Limitation of Liability and Indemnification
Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Site. However, it is possible that information contained or made available on the Site may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Site will be uninterrupted or error free or that the Site, or sites to which it may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.
If you notice any errors or omissions in the information contained on the Site or other concerns, please report them to us for investigation.
Your use of the site and the content provided on the site is at your own risk. The site and the content provided on the site is provided on an “as is” and “as available” basis. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the site or the content provided on the site, or any hyperlinks on the site to other internet resources.
Limitation of Liability, SealsOnline and Blue Office One (Pty) Ltd and their parents, subsidiaries, affiliates, directors, employees, agents, successors and assigns (the “SealsOnline and Blue Office One (Pty) Ltd parties”) shall not be liable for damages or losses of any kind arising out of or in connection with your use of the site or any content provided on the site, including but not limited to, damages caused by your reliance on the accuracy, completeness or timeliness of information provided on the site or your provision of user information or user contributions to the site, except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the SealsOnline and Blue Office One (Pty) Ltd parties’ negligence, gross negligence, recklessness, fraud or other wilful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys’ fees or other remedies afforded by statute or other law.
Indemnification. You agree to defend, indemnify and hold harmless the SealsOnline and Blue Office One (Pty) Ltd Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site content other than as expressly authorized in these Terms of Use, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defence or settlement thereof; and (c) allowing you to control such defence or settlement. The indemnified party shall be entitled to participate in such defence at its own cost and expense.
The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by South African law.
We shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods. We disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design.
All risk in and to the goods shall pass to the buyer upon delivery thereof.
We make no representation and give no guarantee or warranty whatsoever in respect of the goods (or part thereof), whether as to fitness for any particular purpose or otherwise, whether such purpose be known to us or not, and no such representation, warranty or guarantee shall be implied. More particularly we give no warranty that any specifications or technical information relating to the goods is correct, the onus being on the purchased to establish same.
All warranties or guarantees otherwise implied by common law or claims by the purchaser are hereby excluded.
In no event shall our liability, whether in delict or contract, exceed the liability to replace defective goods, the onus of proof of such defect being on the purchaser.
Under no circumstances whatsoever, shall we be liable for any consequential loss or damage, direct or indirect, howsoever arising, whether within the contemplation of the parties or otherwise.
Entire Agreement
The Terms and Conditions constitute the sole and entire agreement between you and us with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
No variations from the terms and conditions herein contained, and no contrary stipulation by the buyer, shall be valid and binding unless expressly confirmed by us in writing.