TRITON PROCUREMENT (PTY) LTD t/a TRITON E-SHOP
TERMS & CONDITIONS
(in respect of the use of its website, www.tritoneshop.com)
1.1 This website can be accessed at www.tritoneshop.com (“the Website”). The Website is owned and operated by Triton Procurement (Pty) Ltd (registration number: 2015/181812/07) trading as ‘Triton e-Shop’ (hereinafter referred to as either “Triton”, “we”, “our” or “us” as the case may be).
1.2 The Triton e-Shop stocks a broad range of high quality packaging, groceries, refreshments, detergents, personal protective equipment and clothing (“Products”) available for online purchase through the Website.
1.3 These Terms and Conditions:
(a) govern your use of the Website, including but not limited to the ordering, sale, delivery and return of Products purchased from the Website; and
(b) are binding and enforceable against every person and/or user that accesses or uses the Website (such persons and/or users hereinafter referred to as either “User”, “you” or “your” as the case may be).
1.4 If you do not agree to be bound by and to comply with these Terms and Conditions you are not authorised to access or use the Website for any purpose.
1.5 By using the Website and/or by registering an account with us, you acknowledge that you have read and understood these Terms and Conditions and that you agree, without limitation, to be bound by these Terms and Conditions in your use of the Website and in purchasing Products from us.
2.1 These Terms and Conditions also apply to Users who are consumers for purposes of and as defined in the Consumer Protection Act No. 68 of 2008 (“the CPA”).
2.2 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 Triton in terms of the CPA.
2.3 Certain of these Terms and Conditions contain provisions that may serve:
(a) to limit the risk or liability of Triton or a third party;
(b) to create risk or liability for the User;
(c) to compel the user to indemnify Triton or a third party;
(d) as an acknowledgement, by the User, of a fact.
2.4 It is therefore important that you understand the meaning and effect of these Terms and Conditions before using or accessing the Website. To the extent that you do not understand any of the provisions of these Terms and Conditions, please contact us to allow us to explain them to you. Clauses in these Terms and Conditions highlighted in bold are such that your attention is drawn to provisions that may affect your rights in terms of the CPA.
3.1 In order to purchase Products from the Website you will be required to create and register an account with us.
3.2 Creating and registering an account on the Website requires that you choose a unique username and password and provide us with certain of your personal information. Although you do not need to register an account to access the Website, each time you intend to purchase Products from the Website you will be required to log-in using your unique username and password.
3.3 By creating and registering an account, you warrant that the unique username and password you choose shall:
(a) only be used by you personally; and
(b) not be disclosed to any third-party.
3.4 The effect of the above warranty is that you are solely responsible for ensuring that only you access the Website. Triton shall not be liable for any unauthorised or fraudulent use of your unique username and password on the Website by any third-party. You agree to be liable for payment of any Products purchased using your unique username and password, save in the event of such purchase being validly cancelled in accordance with the procedure set out in these Terms and Conditions.
3.5 You must not use the Website in any way:
(a) that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or
(b) which is unlawful, illegal, fraudulent or harmful, or which is in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.6 In using the Website, you must not:
(a) copy, store, host, transmit, send, use, publish or distribute any material which is (or is linked to) spyware, adware, malware, a Trojan horse, a worm, a keystroke logger, a rootkit or any other malicious computer software or virus;
(b) deliver any damaging code to the Website or attempt to gain unauthorised access to the Website or any page thereof;
(c) conduct any data collection and/or analysis activities, whether systematic or automated (including but not limited to web scraping, data mining, data extraction and data harvesting) on or in relation to the Website unless such activity is done with Triton’s prior express written consent.
(d) use the Website for any purposes related to marketing without Triton’s express prior written consent.
3.7 Triton reserves its right in its sole discretion to disable your account should it be determined or suspected that you have used the Website for any purpose, or engaged in any of the activities, listed at paragraph 3.5 and/or 3.6 above.
3.8 In order to use the Website and/or purchase Products you must be at least 18 (eighteen) years old. By using the Website, you warrant that you are 18 (eighteen) years of age or older and are of full legal capacity. If you are under the age of 18 (eighteen) or if you do not have the requisite legal capacity to enter into or conclude binding agreement/s, then you may use the Website only under the supervision of your parent or legal guardian.
4.1 Only registered Users may place orders or otherwise purchase Products from the Website. Triton reserves its right, in its sole discretion, to either accept or reject orders placed by Users.
4.2 Triton’s decision to either accept or reject a User’s order is dependent on:
(a) the availability of stock of the particular Product ordered; and
(b) receipt of payment or payment authorisation by Triton for the Product/s ordered.
4.3 You placing an order for Products from the Website will not in and of itself create a binding agreement between you and Triton, nor will any communication from Triton indicating that an order has been accepted or stating that an order or payment has been confirmed create such a binding agreement. A binding agreement between the User and Triton will only arise, subject to clause 5.3 below, once Triton has confirmed your order in writing and has received your payment for the Products ordered.
4.4 By using the Website you acknowledge that Triton holds limited stock of all Products listed on the Website and that pricing of the Products is subject to change at any time without prior notice to you. Triton therefore does not guarantee the availability of stock of Products. Triton will make all reasonable efforts to monitor its stock levels and to indicate on the Website when a Product is out of stock or otherwise unavailable to be ordered.
5.1 Triton is committed to providing secure online payment facilities. Triton ensures that all online transactions on the Website are secured through appropriate encryption technology.
5.2 Payment for Products ordered by you on the Website can be made in any one of the following ways:
(a) debit card;
(b) credit card;
(c) direct bank deposit or electronic funds transfer (“EFT”);
5.3 In the event of payment by credit card, we may require additional information from you to authorise and/or verify the validity of the payment. No order of Products purchased on the Website will be confirmed, and no binding agreement will arise, unless and until you have provided Triton with such additional information.
5.4 If you select a credit card as your means of payment on the Website you confirm that you are duly authorised to the credit card from which payment is made. You further warrant that such credit card has sufficient available funds to pay for the Product/s ordered, including any other costs associated with the purchase, including the costs of delivery.
5.5 The funds in respect of all purchases made by direct bank deposit or EFT must be received into Triton’s bank account within 5 (five) days of you placing your order. All orders against which payment is not received timeously will be cancelled.
6.1 Triton will only process your purchase of Products for delivery once the order has been accepted by Triton and you have paid the purchase price (including the costs of delivery).
6.2 The following 2 (two) delivery methods are available when purchasing Products from Triton on the Website:
(a) courier; or
(b) collection from Triton’s depot.
6.3 You will be entitled to select a courier delivery option of varying cost and which will be described when finalising your purchase on the Website. Triton’s delivery charges are subject to change without prior notice to you.
6.4 If collecting your purchase, Triton’s depots are located at 13 locations across South Africa, as set out at it’s website address www.tritonexpress.co.za and collection hours are from 7am to 6pm on weekdays. . Triton will advise you once your purchase is ready for collection.
6.5 Once having accepted your order and after having received your payment Triton will deliver the Products purchased to you as soon as is reasonably possible, but not later than 5 (five)) days after receipt of your payment. If for whatever reason Triton is unable to deliver the Products within the aforesaid period, you may, within 7 (seven) days of being advised of such inability by Triton, to cancel your order and be reimbursed the payment made in respect of the purchase of the Products that cannot be delivered by Triton timeously.
6.6 Triton’s delivery obligations will be complete once the Products have been delivered to the physical address that you have nominated or once the Products have been collected from our depot. Triton will have no liability in respect of any loss or damage or unauthorised use of the Product purchased once such Product has been delivered at the address specified when placing your order.
6.7 In the event that we are unable to facilitate delivery to your specified address we will advise you of this and will arrange for cancellation of your order or delivery to an alternative delivery address.
6.8 If you are not available to take delivery Triton may leave a note giving you instructions either as to how to arrange for a second attempt at delivery, alternatively, instructions as to how you may go about collecting the Products from Triton’s depot.
6.9 If we are delayed in delivering the Products ordered by you because of your refusal to accept delivery (or if delivery is refused by any person at your specified address for delivery) or if you do not contact us within 2 (two) weeks of us not having been able to deliver the Products to you, Triton may either:
(a) cancel the order and refund you the price paid for the Products less delivery charges and any reasonable administration charges, if applicable; or
(b) charge you for Triton’s reasonable costs associated with storing the Products until such time as we are able to deliver the Products to you or until you collect the Products from our depot.
6.10 Triton will take all reasonable steps to ensure that the Products are accurately described on the Website and further that the price and delivery charges are accurate. Triton shall however not be liable, in the absence of gross negligence or wilful misconduct, for any loss, damage, claim or expense relating to any error in the accuracy of such description or information, save in the event of an error in the price of a Product, in which case you will be entitled to a refund of any incorrect amount paid.
7.1 You are entitled to cancel any order of Products purchased on the Website prior to delivery or collection as the case may be provided you notify Triton of the cancellation of such order before you have received a notice of dispatch or delivery from Triton.
7.2 Any cancellations notified to Triton after Triton has delivered notice of dispatch or delivery of the Product will not be valid and will not constitute a legitimate cancellation of the Product ordered, but rather, to the extent necessary will be dealt with in terms of Triton’s returns policy referred to below.
8.1 Triton undertakes to use its reasonable endeavours to deliver:
(a) Products to you that are new and undamaged in the quantities ordered;
(b) Products that conform in all material respects with the description and/or specifications stipulated on the Website at the time of you placing your order.
8.2 Products purchased on the Website are intended to be used strictly in accordance with the manufacturer's specifications as stipulated on the Website or as described on the Products. It is your sole responsibility to ensure that you use the Product strictly in accordance with the manufacturer’s instructions.
8.3 Products may vary slightly in terms of specified colours, designs, dimensions, materials, measurements and other features to the extent that such variances are reasonable.
8.4 In the event that Products are delivered to you in a defective or damaged condition, you are required to notify Triton in writing of such defect or damage within 7 (seven) days of you becoming aware of it, or having ought reasonably to become aware of it, in which case you will be entitled either:
(a) to be refunded the price paid for the Products; or
(b) to have the Products repaired at our expense; or
(c) to have the Products replaced at no additional cost to you.
8.5 We will not consider Products to be defective where such defect arises from:
(a) normal wear and tear;
(b) damage arising from negligence, user abuse or incorrect usage of the Product;
(c) damage arising from electrical surges, water damage or sea air corrosion;
(d) damage arising from a failure to adequately care for the Product; and/or
(e) damage arising from unauthorised alterations to the Product.
8.6 Should any Products delivered to you be damaged or defective, please contact us via the Website to initiate the Products returns process.
9.1 The privacy of the personal information that you provide to Triton is of paramount importance to us.
9.2 In this section Triton describes the personal information that we collect through your use of the Website, and in particular when you register an account and purchase Products, and the ways in which Triton may use your personal information.
9.3 Triton may collect the following types of personal information from you:
(a) information about your use of the Website
(b) information that you provide for the purpose of registering an account on the Website
(c) information that you provide for the purpose of subscribing to any services offered on the Website; and
(d) any other information that you send to Triton.
9.4 When registering an account on the Website, we will require that you provide us with the following personal information:
(a) your name and surname;
(b) your email address;
(c) your physical address;
(d) your gender;
(e) your mobile number; and
(f) your date of birth.
9.5 Triton may use your personal information to:
(a) fulfil your orders for Products purchased on the Website;
(b) personalize the Website for you;
(c) enable your access to and use of any services offered on the Website; and
(d) send you marketing communications.
9.6 Triton will not, without your express written consent (and subject to clause 9.9 below), use your personal information for any purpose other than:
(a) in relation to the ordering, sale and delivery of the Products;
(b) to contact you regarding current or new Products or services offered on the Website (unless you have opted out from receiving marketing material from us);
(c) to inform you of new features, special offers and promotional competitions offered by us on the Website (unless you have opted out from receiving marketing material from us);
(d) to improve our selection of Products for sale; and
(e) To improve your experience on the Website.
9.7 Triton will not disclose your personal information to any third-party (including its employees, agents, couriers or sub-contractors) save as to give effect to the purposes of clause 9.6 above or otherwise provided for in these Terms and Conditions.
9.8 Where Triton discloses your personal information to its employees, agents, couriers or sub-contractors for these purposes, such persons will be obliged to use your personal information in accordance with these Terms and Conditions.
9.9 In addition to any other disclosures of your personal information which is contemplated in these Terms and Conditions, Triton may also disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, in so far as is necessary to comply with any court order, subpoena or other legal process served on us, and/or in order to establish, exercise or defend our legal rights.
9.10 In the event of you committing any fraudulent act in relation to the Website or performing any illegal activity on the Website, Triton will be entitled to disclose your personal information to the appropriate authority in respect of any criminal investigation or in line with any other legal obligation for disclosure of the personal information which may be required of us.
9.11 Triton will take reasonable technical, security and organisational precautions to prevent the loss, misuse, destruction, manipulation or alteration of your personal information.
10.1 Triton is the owner of all content displayed on or incorporated in the Website, alternatively, such content is owned by Triton’s advertisers and/or sponsors and/or is licensed to Triton. This includes any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks (“Website Content”).
10.2 The Website Content is protected by law, including but not limited to copyright and trade mark law.
10.3 By using the Website, you will not acquire any right, title or interest in or to the Website or the Website Content. You shall not do any act or thing calculated or intended to aid others to infringe Triton’s ownership in the Website Content or challenge the right and title of Triton in this regard.
10.4 Any use, distribution or reproduction of any Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions, or with the prior written consent of Triton, or otherwise provided for by law.
10.5 Any unauthorised use by you of any of the Website Content shall constitute a material breach of these Terms and Conditions and shall entitle Triton to pursue you for the damages it has or may suffer as a result of such unauthorised use.
11.1 Use of the Website is entirely at your own risk. By using the Website, you assume full responsibility for ay risk or loss resulting from such use or from relying on any information contained on the Website.
11.2 Triton expressly disclaims all (express and implied) warranties, including, without limitation, warranties relating 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, to the fullest extent that it is entitled to do so in law. If any such representations or warranties are made by Triton’s representatives, Triton shall not be bound thereby.
11.3 Triton shall not be liable for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any of the Website Content.
11.4 While certain Products sold on the Website may, under certain specified circumstances, be under manufacturer’s 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.
11.5 Any views or statements made or expressed on the Website are not necessarily the views of Triton, its directors, employees and/or agents.
11.6 Triton further provides no warranty and/or makes no representations, either express or implied, that the information, files or Website Content available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise 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 is able to corrupt, compromise, jeopardise, 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 wilful misconduct of Triton, its employees, agents or authorised representatives. Triton disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
12.1 Triton 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 the wilful misconduct of Triton, its employees, agents or authorised representatives.
12.2 Triton 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 any unlawful activity on the Website and/or any linked website of a third-party.
12.3 You hereby indemnify Triton against any loss, claim or damage which may be suffered by yourself or any third party of whatsoever nature arising in any way from your use of the Website and/or any linked third-party website.
13.1 Any notice, consent, approval, legal process or other communication (“Notice”) that you intend to send to Triton in connection with the Website must be in writing and in English.
13.2 You must send any Notices to Triton at one of the following addresses:
(a) Physical address: 25 Henry Pennington Road, Westmead, 3610
(b) Email: email@example.com
13.3 Triton reserves its right to amend its address for the delivery of Notices through the amendment of these Terms and Conditions without notice to you.
13.4 You hereby select the delivery address specific with your order as your physical address for the delivery of any Notices, and your email address associated with the account registered with Triton on the Website as your email address for the delivery of any Notices. You may however change your address for service of Notices by giving Triton 7 (seven) days written notice.
13.5 Unless the contrary is proved, any Notice will:
(a) if delivered by hand be deemed to have been received by you on the date of delivery;
(b) if sent by email, be deemed to have been received by you once the email enters an information system outside the control of Triton.
13.6 Notwithstanding anything to the contrary in this clause, a Notice or other communication actually received by you will be an adequate written notice or communication to you, notwithstanding that it was not sent to or delivered to your chosen address.
14.1 These Terms and Conditions and any subsequent revised versions hereof shall commence from the date of publication on the Website and shall continue indefinitely, as amended by Triton from time to time in our sole discretion, for so long as the Website exists and remains operational.
14.2 Triton reserves its right to terminate these Terms and Conditions and/or shutdown the Website at any time, subject to finalising the processing of all orders accepted by us and in terms of which payment has been received prior to the date on which we shutdown the Website.
14.3 Triton’s failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. A waiver by us of any default on your part (which will only be effective if communicated to you in writing) will not constitute a waiver of any subsequent default.
14.4 If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
14.5 You shall not be entitled to cede, assign, transfer, novate or change these Terms and Conditions without Triton’s prior written consent.
14.6 These Terms and Conditions are governed by and must be interpreted and construed in accordance with the laws of the Republic of South Africa.
14.7 These Terms and Conditions contain the entire agreement between you and Triton in regard to the access and use of the Website and any Products purchased therefrom.
14.8 Triton will not be bound by any express or implied term, undertaking, representation, warranty, promise or the like not included or recorded in these Terms and Conditions, whether it induced you to Purchase a Product from the Website or whether it was negligent or not, or both.
14.9 Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and Triton.
14.10 When you access or use the Website or send emails to Triton, you consent to receiving communications from us electronically and agree that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including but not limited to the requirement that such communications should be in "writing".
14.11 These terms are subject to the provisions of the Electronic Communications and Transactions Act no. 25 of 2002 (the ECT Act") and any of these Terms and Conditions that are in conflict with any of the compulsory provisions of the ECT Act will be deemed to have been modified so as to comply with such provisions of the ECT Act.