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APARA TERMS & CONDITIONS
Payment Processing Related Terms and Conditions:
5. Customer Privacy
6. Payment options accepted
Payment may be made via Visa and MasterCard.
7. Card acquiring and security
Card transactions will be acquired for Apara Sports (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
8. Customer details separate from card details
Customer details will be stored by Apara Sports (Pty) Ltd separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
9. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Apara Sports (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
11. Country of domicile
This website is governed by the laws of South Africa and Apara Sports (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Apara Sports (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.
13. Company information
This website is run by Apara Sports (Pty) Ltd based in South Africa trading as Apara Sports (Pty) Ltd and with registration number 2020/273605/07 and Director Tumi Phake. 14. Apara Sports (Pty) Ltd contact details Company Physical Address: 1 Discovery Place, Sandhurst, Sandton, 2196 Email: firstname.lastname@example.org Telephone:+27 11 796 0705
APARA Terms and Conditions:
2. The Purchase Terms;
3. Use of the Website and
4. Miscellaneous, as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein.
www.aparapremium.com (the "Website"/”Site”) is owned by and/or operated by or on behalf of Apara Sports (Pty) Ltd, 1 Discovery Place, Sandhurst, Sandton, 2196, South Africa (" Apara/we/us").
If you place an order through this Website, upon confirmation that such order is accepted, a sales contract will be executed between you and us, which will be governed by these Apara Terms and Conditions and specifically by the Purchase Terms mentioned below.
Please read these Purchase Terms carefully before ordering Products online from the Apara Website. Please note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by Apara. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website or (ii) at any web page directly connected to the Website or when you accept an offer from Apara. It is only possible to deviate from these Purchase Terms if agreed in writing by Apara.
2.2 REQUIREMENTS TO CONCLUDE A CONTRACT WITH APARA
You have to be 18 years of age or older to buy Products via the Website.
You can only order on the Website if you are a consumer, not a reseller.
You guarantee that the information you provide to Apara in the request or order is accurate and complete.
Please note that in the case of limited edition or limited production Products extra restrictions such as a limit to the number of such Products per order may apply
2.3 HOW AND WHEN IS A CONTRACT CONCLUDED WITH YOU?
All information on the Website is an invitation to treat only and the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
Apara is entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If Apara does not confirm acceptance of your order within 10 working days, it is deemed to have been refused.
All orders submitted by you are subject to acceptance by Apara. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services.
2.4 RETENTION OF TITLE
All Products will remain the property of Apara until you have paid all amounts owing to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.5 QUALITY AND MAINTENANCE OF PRODUCTS
Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. Apara is not liable for these variations and deviations.
Apara draws your attention to the washing and maintenance instructions printed on the labels of the Products. Apara is not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
2.6 CANCELLING YOUR ORDER
You may cancel your order before the goods are despatched via courier by contacting our Customer Service Team.
The stated prices include VAT and are quoted in South African Rand.
Apara reserves the right to change, limit or terminate any special offers or discounts at any time.
Apara charges delivery costs and is defined under the Delivery section on our Website. These costs will, if applicable, be charged separately, itemised and added up with the total amount of the order.
2.8 METHODS OF PAYMENT
Please check the Website for information on available payment methods.
Where we elect, or are required by applicable law, to issue or make available an invoice, Apara reserves the right to issue or make available electronic invoices and you agree to such form of invoicing.
Apara will deliver during business hours to the address indicated by you within South Africa. Apara can only deliver to a home or office address. For detailed information about delivery periods, please check the specifications for the different types of delivery section of our Website.
Note that Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. Notwithstanding this, in case of the unlikely event of delay in a delivery, Apara shall at its discretion refund to you the full cost of delivery.
Apara is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that Apara delivers in parts, Apara may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If Apara is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.
If Apara discovers prior to entering into the sales contract that it can no longer deliver the Products ordered, Apara may offer you an equivalent product in terms of quality, price and function. You are not obliged to accept the replacement Product. You may return it, if you so wish, within 14 days at Apara’ reasonable expense (your right of return remains unaffected).
In the unlikely event that, after entering into the sales contract, Apara can no longer deliver your Products and is not responsible for this situation, Apara will be entitled to terminate the sales contract. Apara will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
2.11 RETURNS OF PRODUCTS
If you are not fully satisfied with your Products, you have the right to withdraw from the sales contract. In other words, you have the right to return the Products as indicated below, and we will ensure that you obtain a refund. Simply follow the guidelines explained in the returns section on the website. If you have any questions regarding merchandise returns purchased from the Website please contact us.
Subject to the provisions of these Purchase Terms, you may return the Products received without specifying any reasons within 14 calendar days from the day you receive the Product. If the return falls outside of this period, or the item is worn beyond normal use, damaged or not in its original packaging, Apara cannot accept the returned items and cannot give a refund. Returns can only be accepted if the original label or hangtag has not been removed and product is in its original packaging. The return of Products is at Apara’ risk and reasonable expense where such return is made in accordance with this section. Returns not made in accordance with this section shall be at your risk and expense.
In the event of a valid return in accordance with these Purchase Terms, Apara will reimburse the purchase price and the delivery costs (in case of completely returned orders) received from you, within 30 days after receipt by Apara of a notification that you wish to exercise your right of return. This is provided however that Apara only becomes obliged to reimburse you after we have taken physical receipt of the returned Products.
The length of time your return is in transit is beyond our control; although once we do receive your return we will process it as quickly as reasonably possible. We therefore need to allow at least fourteen days to receive and to process your return. Although Apara will refund the money within approximately 30 days after processing your return, your bank or credit card company may require additional time to process your refund and for it to reach your account. We'll notify you via e-mail once we've received and processed the returned Product(s). We'll refund the value of the Product(s) total. Refunds will be given in the same form of payment as the original purchase, unless specified otherwise by you.
If a Product is returned and Apara believes that it has been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, Apara will be entitled to deduct the decrease in value of the returned Product as a result of this damage from the amount to be repaid to you.
2.12 EXCHANGE POLICY
Apara does not exchange Products. If you wish to exchange a Product, you will need to return your purchase for refund and place a new order. It is only possible to get a refund on returns when the return is in line with our return policy.
2.13 DAMAGED OR DEFECTIVE PRODUCTS
At Apara, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. Apara has a legal obligation to make sure that our Products conform to the sales contract.
Returned Products are inspected by the Apara Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original product is returned to you. We do not refund Products:
Please note the life expectancy of any Apara Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any Apara content on social media websites, including without limit Facebook and Twitter (together: the “Website”/Site”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined in the Conditions), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 CONTENT ON THE SITE
All of the content featured or displayed on the Site, including, but not limited to, logos, icons, trade marks, text, graphics, photographs, images, moving images, sound, illustrations and software (Content), is owned by Apara AG, its affiliated companies, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Apara, no portion or element of the Site or its Content may be copied or retransmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of Apara AG, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 OPERATOR OF THE SITE
The Site is operated by or on behalf of Apara Sports (Pty) Ltd with registered address at 1 Discovery Place, Sandhurst, Sandton, 2196 and company registration number 2020/273605/07 (“Apara”).
3.3 COPYRIGHT AND TRADEMARKS
The copyright in all Content is and remains owned by Apara, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Apara. For purposes of these terms, the use of any such Content on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Site.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the Software) are licensed to you by Apara. Apara does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Apara retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products of Apara, product packaging and/or on the Site, whether registered or not (including but not limited to: the word mark "Apara", "the 3-Bars logo", "the Trefoil logo", "the Globe", "the 3-Stripes mark") (the Trade Marks) remain the exclusive property of Apara, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Apara' prior written consent. The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of Apara.
3.4 DISCLAIMER OF WARRANTIES
The Site and the Content are free of charge and provided 'as is' and without any warranties of any kind. The information on the Site is for general information purposes only and does not constitute advice.
Apara does not represent or warrant that the information and/or facilities contained in the Site are accurate, complete or current, or that the Site or the server that makes the Site available are free of viruses or any other harmful components. Further, Apara will not provide for specific IT infrastructure or connectivity. Thus Apara cannot represent or warrant the Site will be uninterrupted or error free. Apara does not make any warranties or representations regarding the use of the Content on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.5 LIMITATION OF LIABILITY
Your use of the Site is at your own risk. Neither Apara, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Site will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Site, including damages caused by viruses or any incorrectness or incompleteness of the information on the Site, or the performance of the products or otherwise arising out of or in connection with these Terms and Conditions, even if Apara has been advised of the possibility of any such damages.
Please be aware that we are not familiar with your individual physical characteristics and health.
Before you begin an exercise program, you should get a medical checkup. It is important that you warm up and stretch before engaging in physical activity and that you use common sense while engaging in physical activity. If you experience any pain, feel weak, dizzy or exhausted or become short of breath, immediately stop your workout. When you engage in physical activity, you assume all inherent risks
3.6 LINKS TO THIRD PARTIES
3.7 MISUSE OF THE SITE
You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Apara may deny you access to the Site at any time in its sole discretion, and which shall include situations where Apara believes that your use of the Site is in breach of any of these Terms and Conditions and/or applicable laws.
You are also prohibited from using the Site to advertise or perform any commercial solicitation.
We reserve the right to suspend or close any account where the user places an excessive amount of items in their cart repeatedly and decides not to proceed with the purchase and does not delete the items from their cart thereby depriving other shoppers form the possibility to purchase those items which are reserved by being in their cart. We will not suspend or close any account where there has been payment means or other failures beyond the control of the user. Once a user account has been closed in terms of this clause Apara may refuse to open another account for the user and to close any other account for the same user.
3.8 USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (User Generated Content) will be deemed non-confidential and non-proprietary. Accordingly, Apara shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Apara only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Apara shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Apara be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Apara. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Apara and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Apara or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Site.
Apara reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Apara believes is not in accordance with these Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Apara.
You agree to promptly notify Apara in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Terms and Conditions. You agree to provide to Apara sufficient information to enable Apara to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. Apara agrees to make good faith efforts to investigate such complaint and shall take such action as Apara in its sole discretion decides. However, Apara does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
3.9 UNSOLICITED IDEAS
Apara maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to Apara business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the Materials) from persons external to Apara. You should therefore not post any Materials on the Site or send these to Apara by e-mail or otherwise.
4.1 HOW CAN YOU CONTACT US?
If you have any questions or comments about the Website or the Apara Terms and Conditions or in the unlikely event that you wish to make a complaint please don't hesitate to contact our Customer Service by emailing us at email@example.com. Alternatively, if you prefer to call us, please do so at number 011 796 0705 (Mondays – Fridays between 8am – 6pm, Saturdays between 9am – 5pm, Sundays between 9am – 4pm).
You can send an email to firstname.lastname@example.org or write to us at:
Apara Sports (Pty) Ltd
1 Discovery Place
In case of contradiction between Apara Terms and Conditions and any content contained in other parts of the Website or in links, Apara Terms and Conditions contained in this document prevail.
4.3 AMENDMENTS TO THE APARA TERMS AND CONDITIONS
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the Apara Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable).
Please check the Apara Terms and Conditions periodically for changes.
4.4 DATA PROTECTION
Each provision of the Apara Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Apara Terms and Conditions.
4.6 SUB-CONTRACTING AND ASSIGNMENT
Apara reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under Apara terms and conditions provided that your rights under Apara terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Apara terms and conditions without our consent in writing.
4.7 EVENTS BEYOND REASONABLE CONTROL
Apara will be not held responsible for any delay or failure to perform or comply with our obligations under the Apara terms and conditions when the delay or failure arises from any cause which is beyond Apara’ reasonable control.
4.8 APPLICABLE LAW AND JURISDICTION
The Apara Terms and Conditions shall be governed by the laws of the Republic of South Africa.
You and Apara hereby submit to the non-exclusive jurisdiction of the South African courts.
4.9 CAN I USE APARA’ NAME, LOGO OR IMAGES?As a general rule, you may not use Apara's name, logo or images for commercial purposes without authorization from Apara. Apara is not able to review each and every request for permission to use the Apara name, logo or images. It is your responsibility to determine whether your proposed use is permissible in accordance with applicable laws. Apara reserves the right to challenge any unfair uses or misuses of its name, logo and images.