1. INTRODUCTION

The Website www.xtremeshopping.co.za (“the Website”, “the Site”) is owned and operated by Xtreme Shopping (herein referred to as “Xtreme Shopping”, “we”, “our” or “us”).

Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the site, you approve that you have read, understood and agree to be bound by these Terms of Service.

The Website enables you to shop and purchase goods. By accessing our website and/ or purchasing goods from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

In order to use the Website you must be at least 18 years of age. By registering and/or using the Website you are confirming that you are 18 years and older, or an emancipated minor or possess the necessary legal parental or guardian consent. Any goods or new features which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to amend this agreement or any parts thereof at any time and without notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

2. GENERAL

2.1. License 

We grant you a limited license to access the Website. This license does not permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. 

2.2. Terms and policy updates 

Please note it is your responsibility to check the Website regularly to determine whether any changes have been made to the Terms and your continued use of the Website will be deemed your acceptance of the Terms. 

2.3. Submission of personal information 

Through the use of the Website you acknowledge and agree that you submit all and/or any of your personal information willingly on our Website and for the use of such information by us as provided for in accordance with these Terms. 

2.4. Framing 

You may not frame or utilize framing techniques to enclose any Trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to us and our affiliates without our prior written consent. 

2.5. Notice 

Except as explicitly stated otherwise, any notices that you send shall be sent by email to info@xtremeshopping.co.za. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose. You hereby agree that we shall use the email address provided by you are your address to receive all information, notices, documents and legal process. Notice shall be deemed given 48 (forty-eight) hours after email is sent, unless the sending party is notified that the email address is invalid. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. 

2.6. Termination 

We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account or other content contained in your account. We will not be liable to you or any third party for doing so. 

2.7. Jurisdiction and Choice of Law 

These Terms will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute. You hereby consent and submit to the non-exclusive jurisdiction of the High Court of South Africa Gauteng Local Division, Johannesburg in any dispute arising from or in connection with these Terms.

3. PRIVACY POLICY

This Privacy Policy outlines how Xtreme Shopping collects, uses, discloses, and protects personal information in compliance with the Protection of Personal Information Act (POPIA) of South Africa.

3.1 Information Collection:

We collect personal information such as name, address, email, and phone number when you register an account, make a purchase, or subscribe to our newsletter.
We may also collect non-personal information such as browser type, operating system, and IP address for analytics purposes.

3.2 Use of Information:

Personal information is used to process orders, communicate with customers, and provide a personalized shopping experience.
Non-personal information is used for analytics to improve our website and services.

3.3 Data Protection:

We implement appropriate technical and organizational measures to safeguard personal information against unauthorized access, disclosure, alteration, or destruction.
Access to personal information is restricted to authorized personnel only.

3.4 Information Sharing:

We do not sell, rent, or disclose personal information to third parties for marketing purposes.
Personal information may be shared with service providers who assist us in operating our website and fulfilling orders, but they are contractually obligated to protect the confidentiality and security of the information.

3.5 Data Retention:

We retain personal information only for as long as necessary to fulfill the purposes for which it was collected, or as required by law.

3.6 User Rights:

Users have the right to request access to, correction of, or deletion of their personal information.
Users can opt-out of receiving marketing communications at any time.

3.7 Cookies:

We use cookies to enhance user experience and track website usage. Users can manage cookie preferences through their browser settings.

3.8 Children’s Privacy:

Our services are not directed to children under the age of 18. We do not knowingly collect personal information from children.

3.9 Changes to Privacy Policy:

We reserve the right to update this Privacy Policy to reflect changes in our practices or legal requirements. Updates will be posted on our website.

3.10 Contact Information:

For any questions or concerns regarding this Privacy Policy or our data practices, please contact us at info@xtremeshopping.co.za
By using our website and services, you consent to the collection and use of your information as outlined in this Privacy Policy.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

5. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. TERMS OF SALE AND SERVICES

6.1. Product Description, Colours, Pricing and Availability

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

Products are displayed on the Website and described in the most accurate way possible. However, Xtreme Shopping does not certify that the product descriptions, images or any other content of the Website is accurate, complete, reliable and/or error free. We have made every effort to display as accurately as possible the colours of the Products that appear on the Site. As the actual colours you see will depend on your computer’s monitor we cannot guarantee, however, that your monitor’s display of any colour will be accurate. The Products displayed on this Site are subject to availability and will be delivered only within the Republic of South Africa, within the defined areas as determined by the Xtreme Shopping. All prices displayed on the Site are valid and effective only in the Republic of South Africa. Xtreme Shopping reserves the right, without prior notice, to discontinue or change pricing or specifications on products and services offered on this Site without incurring any liability whatsoever.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6.2. Orders and Payments 

Xtreme Shopping is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology. 

The Goods as selected by the User for purchase (“the order”) together with the individual price thereof shall be reflected in the User’s Cart. In order to submit your order you will need to click the “check out” icon and follow instructions to complete the payment process. The price of each of the Goods shall automatically be tallied in the Cart as a subtotal and the cost of delivery of the Goods shall also be included in the total of the User’s Cart. Once this process is complete your order will be submitted to Xtreme Shopping. Please note that an order is merely an offer to purchase and Xtreme Shopping reserves the right to accept or reject your offer for any or no reason including, but not limited to, the unavailability of any product, an error in the price or the product description, or an error in your order. Please note that product stock of all items is limited and Xtreme Shopping will take all the reasonable attempts to ensure that special offers are brought to an end when stock runs out. If we cancel due to our inability to fulfil your order in terms of the advertised price or product being sold out, we will provide a full refund of your order. Prices are shown in South African Rand. Prices of products are current at the time of display and are subject to change from time to time without notice. Payments can be made by debit/ credit cards, via electronic bank transfers (“EFT”) or by cash deposit. In terms of debit/ credit card payments, at time of placing the order, the transaction details are presented to the bank and payment is collected automatically. You warrant that you are fully authorized to use the debit/ credit card details supplied for the purposes of paying for the Goods. You also warrant that your debit/ credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website. If you select to pay via EFT, you will need to select your bank and then log into your internet banking profile. You will then be able to complete the payment for your order. You can also choose to pay via bank deposit, kindly contact us and we will provide you with our banking details and instructions on how to make a payment. If your payment is not received or declined by your bank or credit card issuer, we cannot hold your order and your order will not be processed.

6.3. Delivery of Products 

The Goods shall be delivered to the User through the services of a courier of our selection. The Goods shall be delivered to the User at the address selected during the payment process. The Goods shall be delivered, where possible on a Business Day, but this shall depend on the courier company. 

Orders will be processed within 48 hours receipt of payment. Thereafter products will be dispatched and delivered within 3-7 working days, excluding circumstances beyond our control, e.g. supplier delays, customs delays, strikes, acts of god, etc. If you want to make collection arrangements, please contact our office. Our obligation to provide the Goods to you is fulfilled upon delivery/collection thereof. We are not responsible for any loss or unauthorized use of the Goods after provision thereof to you.

7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Xtreme Shopping, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

8. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

You hereby indemnify Xtreme Shopping 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.

10. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Xtreme Shopping and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

11. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

12. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

13. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

14. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

15. INTELLECTUAL PROPERTY

All content included on the Website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected in terms of intellectual property laws in South Africa (including trade mark and copyright law) as well as international copyright laws. The compilation of all content on the Website is our exclusive property and is protected by copyright law. All software used on the Website is our property or that of our software suppliers and is protected by copyright law. The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on the Website registered and unregistered Trademarks belong to us. Nothing contained on the Website, except as expressly stated in the Terms, shall be construed by you as the granting of any license or right to use any Trademark without our prior written permission. All rights in and to the content and Trademarks are reserved and retained by us and/or our content suppliers. You further acknowledge that we and/or our content suppliers are the proprietors of all the content and Trademarks on the Website, whether it constitutes confidential information or not, and that you hold no right, title or interest in any such material.

16. CONTACT INFORMATION

If you would like to access, correct, amend or delete any personal information we have about you, you can contact Xtreme Shopping at info@xtremeshopping.co.za