Terms and Conditions

1. INTRODUCTION

Russells is a brand trading within Pepkor Trading (Pty) Ltd, registration number 1958/003362/07.

These terms govern your use of our website.  Access to the services, content and downloads available on the Russells website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002(ECT Act)

1.1 We provide the Russells website as a convenience to you. To use the Russells website for services including but not limited to online shopping, browsing, product information, store locations, subscribing as a user, viewing and managing your account and orders, etc. we may require you to provide your personal information.

1.2 We reserve the right to change the documents and/or other materials contained on this website from time to time without notice. This Right also applies to these terms and conditions. Russells will post the revised terms on the website. You may use the Russells website for your personal and non-commercial use, not for republication, distribution, sale or any other use.

1.3 If there is a conflict of meaning between these website terms of use and any other terms, policies or notices, the specific terms, policies or notices will take preference where it applies to your use of the Russells website.

1.4 The Terms constitutes the entire agreement between the parties. If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the terms will be effective.

1.5 Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The terms will be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law. By you ticking the “I confirm I have read and understand the Terms & Conditions applied to the use of this website” box forms a legally binding agreement between you and Russells.

2. DEFINITIONS

In the Russells website terms of use:

2.1 “terms” mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and Russells;

2.2 “we” or “us” or “Russells” means Russells whichever one applies;

2.3 “website” means www.russells.co.za;

2.4 “Russells website” means www.russells.co.za;

2.5 “you” or “user” means any person who visits, accesses or uses the website.

3. REGISTRATION AND USE OF THE WEBSITE

As a user, Russells grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions. Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website. You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your review from the website or purchasing goods or services from the website.

You may only use the website if, in terms of South African law, you have the legal capacity to agree.

You may only link to the website by linking to the home page of the website.

3.1 You, the customer, agrees and acknowledges that:

3.1.1 You will at all times comply with the requirements of the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and/or any other applicable legislation (to the extent that it is relevant to the customer for the receiving, compiling and reporting of information. Without limiting the generality of a foregoing, the Customer specifically acknowledges and agrees   that, when reporting Personal and other information to Russells;

3.1.2 Such information will include all mandatory data;

3.1.3 You will have taken all reasonable steps to ensure that the information being submitted is accurate, up-to-date, relevant, complete and valid when submitting such information;

3.1.4 You may submit the information to Russells, to make such information available to its associated partners, to render the services offered, and that such information is not subject to a duty of confidentiality between Russells and the customer.

3.1.5 As a Visitor or User, you agree that we may electronically accumulate, keep and use the following of your information:

3.1.6 Internet usage information, including your Internet Protocol (“IP”) address, click patterns, browsing habits, version of software installed, system resolutions and type, plug-ins, color capabilities, cookie preferences, language settings, search engine metawords(keywords), JavaScript enablement, unique user ID, the pages and content that you access on the Platform/Website and the dates and times that you visit the Website, paths taken, and time spent on pages/sites within the Website (“Usage Details”); and

3.1.7 Additional information you may provide voluntarily, such as demographic information or data related to your favourite social networking site (e.g. the site name, address and description(s)), or information relating to your participation in Russells competitions, promotions, studies, reviews and surveys, and additional services. (“Optional Details”).

3.1.8 Details submitted, when registering or transacting, for the purpose of using the services on the Russells website.  Optional Details may be submitted by you to us if you decide to upload or download certain content (or products) from the Website/Platform, enter competitions, partake in promotions, respond to reviews/surveys, subscribe to or register for specific additional services; or else use any of the optional features and functionality of the Website/Platform.

3.1.9 “Cookies” Information: When you access the Website/Platform, we may send one or more cookies (these are small text files containing a string of alphanumeric characters) to your computer to collect certain Usage Details. Russells may use both session cookies (which disappears after you close your browser) and persistent cookies (which remain after you close your browser which can be removed manually) and may be used by your browser on subsequent visits to the Website/Platform. Please note the use of cookies is a norm/standard on the internet and many major websites use them. Please refer to your web browser “Help” file to learn more about changing your cookie settings.

3.1.10 When you access the Website/Platform or open one of our HTML emails, certain Usage Details may be automatically collected and recorded by us from your system by using different types of tracking technology.

3.1.11 Our Website may contain electronic image requests (called a “single-pixel gif” or “web    beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically; 1by1 pixel files,  (very small unnoticeable files), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also insert web beacons in HTML-formatted newsletters, which we send to “opt-in” subscribers in order to count how many newsletters have been read. Russells web beacons do not gather, monitor or share any personally identifiable information about our Customers.  They are just the technique we use to compile anonymous information about the Website and Service.

3.1.12 Russells may use any Optional Details provided by you, for such purposes as indicated to you at the time you agree to provide such Optional Details.

3.2 We may use your Usage Details to:

3.2.1 Automatically validate and/or verify your identity; for website and transaction security purposes via Russells or via a third party service provider;

3.2.2 Automatically provide you with the latest version of the Russells application on your system;

3.2.3 Remember your information so that you will not have to re-enter it during your visit or the next time you access the Website/Platform;

3.2.4 Monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and

3.2.5 Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website/Platform.

3.2.6 Russells shall take all reasonable steps to protect the personal information of the Users and for this purpose, “personal information/personal details”; shall be defined as contained and detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

3.2.7 If you are a Russells website users, you agree that we may also electronically gather, save and use the following of your information:

3.2.8 Name and surname, birth date, gender, identity number and /or passport number, nationality and country of residence (“Personal Information/Details”);

3.2.9 E-mail address, mobile number, home and delivery address and credit card billing address (“Contact Details“);

3.2.10 The credit or debit card number, cardholder name and expiration date you submit to Russells website in respect of your credit or debit card(s), (Credit or debit cards)

3.3 Russells Website Users collects the aforesaid information from you in the following manner:

3.3.1 User-provided Information: Your Personal Information/Details, Contact Details and Debit or Credit Card Details will be provided by you directly to us during your registration as a Russells website user and/or thereafter by you actively transacting, updating or supplementing such details in your Russells website users Account.

3.3.2 Russells uses the information that Russells website users provide (or that we collect) to operate, validate, verify, maintain, enhance and provide all of the features of the Services, and as may be necessary to comply legally when conducting online payment transactions and related service provided.

3.3.3 We use your Debit or Credit Card Details in order to provide the Services (including the verification thereof when you transact with Russells) and, should fees be charged for some of the Services and you have selected a credit or debit card as your means of payment therefor, to debit such credit or debit card for such fees owed by you.  We use your Personal Information/Details to greet you when you access your Russells User Account, to manage and administer your use of the Services and fulfill our contractual obligations, including the verification of your identity when you transact with Russells.

3.3.4 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Service(s) (e.g. notifications regarding major updates or content you have posted or downloaded from the Website/Platform, customer service notifications, and to address any copyright infringement or defamation issues); as well as to inform   you, subject to obtaining your prior agreement, of competitions, promotions and special offers form us and/or any of our partners and/or affiliates.

3.3.5 Any user, who commits any of the offence detailed in section 85 to 88 of the ECT Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting loss or damage suffered and/or incurred by Russells and its partners/affiliates.

3.4 You may not:

3.4.1 Provide any untrue or incorrect information to the website or Russells;

3.4.2 Change, copy, decompile or reverse-engineer the website or use the website to make derivative copies;

3.4.3 Lease, sell, assign or in any other way to distribute the website or any information gotten from the website without the prior written consent of Russells;

3.4.4 Use malicious search technology, including but not limited to spiders and crawlers;

3.4.5 Frame any pages of the website

3.4.6 Deep link to any pages of the website in a way to suggest that you are the owner or license of any intellectual property in the website.

3.4.7 Use the interactive sections of the website, for instance forums, clubs, surveys and e-   mailing, to post any material which in Russells discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. Russells does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and/or articles, at your sole risk and responsibility. Russells is not responsible or liable for damages or other adverse consequences caused by the use of the submissions.

In line with the Film and Publications Board Act 3 of 2009 (FPB) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of eighteen (18) and Russells will not knowingly collect information from users in this age group.

No transaction concluded between Russells and a person under the age of 18 shall be binding upon Russells unless written consent thereto is received by Russells from your parent or legal guardian. Russells therefore reserves its right to request proof of identity prior to concluding any transaction with you. By your continued use of this website, you warrant that you are 18 years old or older.

4. CONCLUSION OF SALES AND AVAILABILITY OF STOCK

4.1 A sales order will only be deemed as completed once you have completed the purchase cycle, an approved payment/order confirmation is received and delivery has taken place. We will confirm your purchase order with you via your specified email. By you placing a product into your shopping cart or adding a product to a wish-list does not constitute a sale nor is such products, its price nor its quantities reserved. In the event that you complete the purchase cycle for such products at a later stage Russells cannot be liable to honor any Price changes or if such products are not available.

4.2 Russells shall use reasonable attempts to make the advertised stock available at the displayed price, for the period specified. Where there is expressed stock limitation or availability, Russells shall supply the consumer with equivalent stock as an alternative to the advertised stock. In the event of running out of stock on the expressed stock limits, Russells may limit the number of sale goods per consumer. However, Russells strives to ensure that we minimise out-of-stock situations and will take all reasonable measures to make your purchased product available at the advertised price or inform you of an equivalent product option.

5. RETURNS/REFUNDS AND WARRANTY

A refund is deposited directly into your credit card or bank account. This process may take up to 3 - 7 Working Days. A refund processing period will only start from the time we have received the returned goods.

5.1 Return of Goods

Goods may only be returned in terms of the Consumer Protection Act, Act 68 of 2008 (hereinafter referred to as “the CPA”). If you are entitled in law to return goods, then and in line with the CPA a handling fee of up to 15% of the value of the goods may be charged when the product/packaging is not returned in its original purchase condition.

5.1.1 Non-returnable/ non-refundable items:

5.1.1.1 Delivery and or installation costs

5.1.1.2 Pre-paid cards

5.1.1.3 Digital content

5.1.1.4 Any damaged or abused items

5.1.1.5 Computer and gaming software, speakers, CD's, DVD's and Bluray discs unless it is found that the goods were defective at the time of purchase

5.2 Under no circumstances will we accept goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase and subsequently changed his/her mind about the goods, the goods have been damaged due to the consumer's negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer's instructions and/or have been subjected to misuse or abuse.

5.3 We sell goods for domestic use only and for the purpose for which we manufactured them. It will also exclude normal wear and tear. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will assess the goods to determine the reason for the defect.

5.4 Subject to these terms, all goods carry an implied warranty in accordance with the Consumer Protection Act 68 of 2008 ("CPA") which gives the consumer the right to return the unsafe and defective goods in terms of section 20 read together with section 56 of the CPA. Our goods also carry a manufacturers' warranty where applicable, which will run concurrently with any warranty in terms of the law. The implied warranty on goods supplied places an obligation on Russells to accept the return of unsafe or defective goods within six months of delivery, in the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA. Furthermore, the consumer has a right to return goods to Russells if:

5.4.1 The consumer finds within 10 days that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);

5.4.2 The consumer did not have a chance to examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and

5.4.3 The consumer has refused delivery of any of those goods, because they were mixed with items that were not ordered, as contemplated in section 19(8).

5.5 You are entitled to cancel any sale concluded on this Website (online sales) within 7 days after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date).

5.6 In the unfortunate event that your purchased goods become faulty/ defective, you may opt to have it taken to any Russells store. You will be entitled to the following option of as per the CPA (after goods has been inspected and assessed)

5.6.1 Have such goods repaired

5.6.2 Have goods replaced

5.6.3 Be refunded the price paid

5.7 If we find the goods to not be faulty, you will be liable for all handling and shipping charges; for the collection and the re-delivery of the product to you. You will be liable if the goods are damaged or faulty because of misuse, abuse or negligence.

5.8 The warranty does not cover any defects caused by foreign objects or connection errors that are not part of the appliance, including but not limited to;

5.8.1 Use other than domestic use by the customer or his/her immediate resident family at the declared addresses appearing on the front of this document;

5.8.2 Failure by the customer or any other person to comply with the manufacturers’ instructions for installation, maintenance or use;

5.8.3 The use of accessories which have not been approved by the manufacturer;

5.8.4 The application and/or use of any incorrect or abnormal electrical or water supply to the appliance;

5.8.5 Any defect in wiring, electrical connections or plumbing which does not form part of the appliance at the time of the original purchase;

5.8.6 The presence in the appliance of objects which the appliance is not intended to cope with, such as hairpins, coins and buttons in washing machines, hot food in fridges and chewing gum and wax crayons in tumble dryers;

5.8.7 Neglect, misuse, or willful abuse of the appliance;

5.8.8 Anything related to the appearance of the appliance which does not in Russells sole opinion prevent the appliance from working adequately: this includes but is not limited to cosmetic and manufacturers’ defects such as: discoloring of any part of the appliance, paint peeling off, cracked or broken handles, plates, hinges, wheels, panels, shelves or any portion of the product which is glass;

5.8.9 Rust or the effects of rust;

5.8.10 Repairs or attempted repairs of the appliance by any person other than Russells or its authorized repairers;

5.8.11 Any modification of the appliance by any person other than Russells or its authorized repairers;

5.8.12 Parts or items of the appliance which are expected to wear out before the extended warranty period expires, including but not limited to, batteries, filters, disposable bags, rubber or plastic hose pipes, drive or fan belts, fuses and/or light bulbs cartridges, toners or ribbons;

5.8.13 Fire, food, war, civil disturbance, industrial action, acts of God or any other causes beyond the reasonable control of the Russells;

5.8.14 Any defect arising out of the design of the appliance;

5.8.15 Any defect caused by lightning strike or power surges;

5.8.16 Blown or damaged speakers arising from misuse;

5.8.17 Any damage caused due to the use of generic or re-filled cartridges;

5.8.18 Any loss or destruction of, or any damage to any property whatsoever, or any loss expense whatsoever arising there from, or any consequential loss or any liability of whatsoever nature directly or indirectly caused by or contributed to, by or arising from ionizing, radiation, or contamination by radio activity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel. Combustion shall include any self-sustain process of nuclear fission, or any loss, destruction, damage or disability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.

5.9 With cameras, the warranty does not apply to any accessories, batteries, charges, attachable lenses or additions which do not make up the main body of the camera. With TV’s; Hi-Fi’s; VCR’s or DVD’s–remotes are not covered.

5.10 Russells will not be liable for the costs of;

5.10.1 Maintenance, including cleaning, clearing of blockages and overhaul, insect infestation or paper jams;

5.10.2 Work covered by the manufacturers’ recall of the appliance;

5.10.3 Call out charges where the breakdown is not covered by the extended warranty;

5.10.4 And material or labor which is recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.

5.11 Russells will not in any circumstances be liable for any consequential loss or damages suffered by the customer whether directly or indirectly related defect in the appliance to the extent permissible by law.

5.12 Repairs may not be affected without prior authorization from Russells.

5.13 In the case of an authorised repairer being called out for a fault covered by the warranty, the supplier shall pay the repairer for all labor and materials supplied in terms of the warranty, while the customer shall be liable to pay the repairer all other charges, including but not limited to the call out charge should no defect be found in the appliance.

5.14 The repair will be carried out in terms of the warranty within a radius of sixty kilometers from the appointed service agent’s premises. Should the repairer be required to travel beyond this radius, the customer will be charged at the prevailing AA rate per kilometer.

5.15 Russells authorised repairers reserve the right not to do house calls in areas where their personal safety may be at risk.

5.16 Certain products will contain their own supplier warranty and you are advised to keep same and refer to same for any differences in the above

6. DISPLAYING OF PRICES

All pricing displayed on the web is inclusive of the current South African VAT, in South African Rands and is subject to price changes and may change without any warnings or notifications. Please note that all prices displayed exclude the cost of delivery. Russells takes utmost care to ensure that the displayed prices are correct. Where pricing on the website differs from the actual in-store pricing, the applicable price will be the lesser of the two prices, unless the lesser price is made in error and we have taken reasonable steps to rectify the error and or where it is a website specific promotions for online purchases only or in branch specific promotion for branch purchase only.  Hence such promotional pricing will not be honored. If a mistake is made or incorrect price is displayed we will correct these as soon as we are made aware of the incorrect displayed price.

Goods made to order will result in additional costs

7. CURRENCY, PAYMENT METHODS AND TRANSACTIONAL SECURITY

We conduct all transactions in South African RAND (R) (ZAR) through PayU Payment Solutions (Pty) Ltd. When PayU Payment Solutions (Pty) Ltd processes a transaction for you via any of their secure payment web services, the transaction is encrypted. The PayU Payment Solutions (Pty) Ltd security policy can be found at https://www.payu.co.za/faqs/security.

Please also read the PayU Payment Solutions (Pty) Ltd Terms and Conditions, at https://www.payu.co.za/legal. By submitting a sales order through any of the Russells website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact or have the mandate to transact to do so. This includes that you have got the express permission (indemnity) of the person and or business whose information you are submitting/using through any of our services and that you are not in breach of the Consumer Protection Act or National Credit Act, or any other applicable legislation. You indemnify Russells, its Members and employees from any claim and/or liability from any third party arising out of your instructions and/or use of the service(s.5;

Russells accepts the following types of payments on its website:

7.1 Credit Card payments: Only South African issued (Visa and Master) credit cards are accepted for online payments. On completing the purchase cycle we send the sales details to the bank if payment is unsuccessful or authorisation is not issued by the bank we cannot complete your purchase cycle.

7.2 Bank Deposits and Electronic Funds Transfer: Should you select to pay via a bank deposit or Electronic Fund Transfer, on completion of your order an instruction will be emailed to you regarding the method in which monies must be deposited in Russells account which is subject to the following Terms and conditions:

7.3 EFT Pro: the full amount must be paid as per your order request within 48 hours of placing your order. We will cancel your order should you fail to deposit/transfer the funds within 48 hours of placing your order. The EFT must be in SA Rands (ZAR) only (no other currency will be accepted). Russells cannot be held liable for any delays, errors, fees, bank-affiliated fees / admin charges and currency fluctuations. PayU EFT Pro only facilitates the transaction between you and your bank. The terms and conditions existing between you and the Bank still apply. PayU does not store any online banking login details. The Delivery timeframe is relative and depends on the time and date of the successful EFT Pro confirmation (please refer to our delivery timeframes T&Cs for info). As we do not store your banking details when conducting an EFT PRO, should you request a refund, we will require you to furnish your Bank account details again.

7.4 For a direct deposit, the deposit must be in cash and in SA Rand only, (no other currency will be accepted).

7.5 No cheque deposits are accepted.

7.6 Mobicred facilitates the credit transaction. The terms and conditions existing between you and mobicred still apply. The Delivery timeframe is relative and will depend on the time and date of the successful mobicred confirmation (please refer to our delivery timeframes T&Cs for info.

Your order number needs to be used in the reference section of the deposit slip or the electronic transfer, we will not be held liable for any delays should you fail to include these.  Your delivery timeframe is dependent and will commence on the time and date of the funds reflecting in Russells account.

Depending on the bank, some payments may take up to three business days to reflect in our account. In such circumstances there will be a delay in having your order shipped.

When paying using PayU EFT Pro, the communication process between you and your bank shall occur as it would when you are conducting an EFT with the Bank. It will redirect you to the online banking login screen and it will prompt you to log in with your online banking credentials. You will receive a one-time pin (OTP) which you would need to enter to confirm your payment.

It requires registration with 3D Secure when shopping online with us as a 3D secure merchant. No username and password to remember anymore. You will now receive a one-time pin (OTP) instead that will only be valid for one transaction when shopping at a 3D Secure merchant, protecting your Credit Card against fraudulent online use. We all love the convenience of shopping online but concerned about the risks that may be involved. Therefore, we at Russells deploy technology, such as 3D Secure, which will protect you while you shop.

Russells reserves the right, to prevent suspected fraud, to refuse to accept or process the payment of any order, and/or to cancel any sale concluded between you and Russells, in whole or in part, on notice to you. Russells shall only be liable to refund monies already paid by you (see Russells Refund Policy in point 26 in this regard) and accepts no other liability which may arise as a result of such refusal to process any order/sale.

8. DELIVERY

8.1 General Delivery Information

Unless otherwise specifically stated or specifically agreed to, the delivery charges will be for your account.

8.1.1 Russells delivers within the borders of South Africa only.

8.1.2 Deliveries are door-to-door and must be to a physical address within the borders of South Africa and not a Post Box. We do not deliver to any postal addresses. Please ensure all delivery details including the postal code are accurate, as you will be liable for all additional handling and shipping charges because of such errors. Please ensure someone is available to sign for and receive your goods at the time of delivery. We will deem it you, as the purchaser, assigns without prejudice and without a proxy, to a party other than yourself, to sign for your goods at your specified and confirmed delivery address should you not be present at the time of delivery.

8.1.3 You accept that Russells does not have to prove that you received the delivery of such goods. You agree that it would only require us to prove that someone, not necessarily yourself, signed for the goods at your specified and confirmed delivery address. Although we monitor every purchase order to ensure we deliver your package.

8.1.4 Should you have not received your delivery of goods after 24 hours of the expired delivery period, you need to contact us within a maximum of 48 hours. Should you not notify us of a ‘no delivery’ within the period, you agree that we would deem you received the purchased goods.

8.1.5 Delivery of products purchased through the online store is subject to the geographical delivery framework as determined by our courier partner. Should your delivery address    fall into one of these categories, you will be liable for any additional costs incurred in delivery, storage and or returning the parcel.  (Category list as follows; plots, farms, mines, military bases, major chain stores, power stations, game reserves and lodges and harbors)

8.2 Failed delivery:

8.2.1 We will notify you of a failed delivery i.e.: whereby no one was at the specified delivery address to receive and sign for the goods at the time of delivery. We will endeavor to reschedule the delivery with you within 24 – 48 hours; however you may be liable if any additional handling and shipping charges are incurred for a re-delivery.

8.2.2 Goods shipped in error /Incorrect goods delivered:

In the unfortunate event that you receive a delivery whereby the goods and or its quantity delivered to you does not match your products and its quantity as per your waybill/purchase order, you agree to notify us immediately upon receipt of such delivery on 0800 110 775, to have the incorrect goods collected and the correct goods delivered to you.

8.3 Damaged Goods delivered:

Please notify us within 24 hours of receipt of delivery on 0800 110 775, in the regrettable event that you receive a damaged product. We will do our utmost best to have the damaged product collected and a new product delivered to you within a maximum of 48hours (weekdays only).

8.4 Price of delivery:

Delivery prices differ and is determined by:

8.4.1 Location within major centers or Outlaying Delivery Areas

8.4.2 Type of delivery (Normal order, special order, customer order)

8.4.3  Weight and Dimensions of total purchase order

8.4.4 In the event of special delivery deals, the price of the product or total purchase order value could determine the delivery rate.

8.4.5 The price of your delivery is calculated automatically and will be displayed prior to the payment process, in the shopping cart and at checkout.

8.5 Delivery Periods important to note:

8.5.1 Delivery service will start on payment confirmation received (or only after requested supporting documents like the verification of a TV License and a copy of an I.D) have been received.

8.5.2 Delivery periods will be effected within the selected delivery type timeframe, after collection from point of dispatch and between Major Centres from Monday to Sunday.

8.5.3 We deliver from Monday to Sunday from 08:00 to 17:00 to both business and residential addresses. We may request identification upon delivery. Major centres include any destination within a 40km radius of the following cities: Pretoria, Johannesburg, Bloemfontein, Cape Town, George, Port Elizabeth, East London, Durban, Pietermaritzburg and Nelspruit. Delivery to the major centres is usually within 5 working days. The following areas may experience delays because of airline constraints: George, Nelspruit, Richards Bay, Polokwane and Welkom.

CREDIT TERMS AND CONDITIONS

The monthly instalment and total credit price include interest as shown, basic insurance, initiation fee, service fee and VAT which is in line with chain deal calculator.)

Delivery charges, deposit, comprehensive insurance and extended warranties are excluded. ‘Credit’ and ‘No Deposit’ offers remain subject to credit approval, an affordability assessment as required by the National Credit Act and a debit order where relevant.

9. INTEREST RATE, DEPOSIT, INSTALMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND LOAN TERM.

Russells may require you to produce proof of an insurance policy or take up insurance with us. The minimum application requirements include a copy of an ID document, latest payslip, 3 months’ bank statements, monthly expense details and your household content insurance or Credit Life policy documents. These requirements depend on your employment status and risk profile. All offers are valid while stocks last and cannot be used with other in-store promotions. Ask the sales representatives for details. Unless otherwise stated, matching products and complementary accessories are not included in the price shown. All major credit cards accepted.

Connect Financial Solutions (Pty) Ltd (Reg no.: 2018/431596/07) an authorised Financial Service provider and a registered Credit Provider (NCRCP11158) trading as Russells

9.1  Quick On-Line Credit App Terms and Conditions (Ts & Cs)

9.1.1 General

9.1.1 Quick On-Line Credit App is subject to your acceptance of the T&Cs set out. By clicking on the tick-box provided, you acknowledge that you have read and understood the use of the website’s terms and conditions and the Quick On-Line Credit App and agree to be bound by them.

9.1.2 These T&Cs must be read together with our website Terms of Use, a copy of which can be found at www.russells.co.za or you can request them from us by email or calling by our call centre.

9.1.3 Quick On-line Credit App Process

9.1.4 By completing and submitting this Quick On-Line Credit App, you;

9.1.5 confirm that you have read and understood these T&Cs, the meaning and that the Quick On-Line Credit App is subject the full credit application terms and conditions which include an affordability assessment as required by the National Credit Act, as amended to, (“NCA”);

9.1.6 Confirm that you are the person whose details you have given to us as the applicant in the quick online credit app;

9.1.7 confirm all information that you provide us is truthful, complete and correct. You must immediately notify us if any of your information changes;

9.1.8 Confirm you can apply for credit and to enter a credit agreement with us which includes that you are mentally sound, not under the influence of alcohol or drugs, above the age of 18 and got written consent from your spouse or civil partner. (where applicable);

9.1.9 consent to the further processing of your personal information for purposes relating to the Quick On-Line Credit App, including any Credit Bureau and other agencies, as permitted by law,

9.1.10 Once you receive confirmation that you qualify for credit confirmation of which you will receive by email and/or SMS, we require that you visit any Russells store, quote your ID number or passport number and complete a full credit application.

9.1.11 Minimum full credit application Ts &Cs include:

9.1.11.1 ID Book or Passport (for non-RSA nationals);

9.1.11.2 Latest payslip;

9.1.11.3 (three) months bank statements;

9.1.11.4 Monthly expense details and your household content insurance and/or Credit Life policy documents;

9.1.11.5 These requirements are dependent on your employment status and risk profile. INTEREST RATE, DEPOSIT, INSTALMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND TERM LOAN.

9.1.12 The Quick On-Line Credit App is subject to the verification of the identification of the applicant being above the age of 18, who has a valid identity document or passport.

9.1.13 Your Quick On-Line Credit App offer will only be valid for 7 (seven) days from Quick On-Line Credit App Date.

9.2 Disclosures and consent

9.2.1 Connect Financial Solutions (Pty) Ltd (Reg no.: 2018/431596/07) an authorized Financial Service provider and a registered Credit Provider (NCRCP11158) trading   as Russells

9.2.3 You consent to and agree that Pepkor Trading (Pty) Ltd is to access any of your personal information required from any Credit Bureau and other agencies, as permitted by law, to:

9.2.4 make enquiries to get or confirm your credit profile and repayment behaviour;

9.2.5 To supply and/or submit any information about you or provided to us by you;

9.2.6 seek, verify and receive information from any credit bureau or a third party (with whom you have financial relations) when assessing your quick online credit app or your creditworthiness;

9.2.7 To disclose the above information as required in law; and

9.2.8 to keep records of your personal and credit information in any database under the “NCA”) requirements.

9.2.9 You acknowledge and understand that a credit bureau will provide us with credit profile information and possibly a credit score reflecting your creditworthiness. You cannot hold us responsible for any loss that you may suffer or damage that you may incur caused by any credit bureaus or agency.

9.3 Information Security Policy

9.3.1 You agree to keep your information safe and to not disclose it to any unauthorized third party. You further agree that we cannot be held liable for any damages or loss sustained by you as a result such information becoming known to third parties, whether through your actions or through fraud, malware or phishing.

9.3.2 We reserve the right to suspend any account that we believe may have been compromised accordingly.

9.3.3 You must notify us immediately if you believe that we have processed your information without your permission. You can contact us on our call centre number or e-mail address as per the details below.

9.4 Law

9.4.1 This Quick On-Line Credit App is governed by the laws of the Republic of South Africa, irrespective of whether or not you are South African or are accessing our website outside of the Republic of South Africa.

9.4.2 In terms of the Electronic Communications and Transactions Act of 2002, as amended, (“ECTA”) these Ts&Cs are binding and legally enforceable against you.  We do not sell any products via this Quick On-Line Credit App and accordingly, the provisions of ECTA relating to electronic transactions in this regard do not apply in respect of the Quick On-Line Credit App.

9.4.3 You may resolve any dispute that may arise between us by alternative dispute resolution, or to file a complaint with the National Credit Regulator, (“NCA”) or to apply to the Tribunal as per details below.

9.4.4 Subject to the “NCA”, we may, from time to time, update or change these Ts&Cs. We recommend that you read these Ts&Cs every time you access and use our website. Amended Ts&Cs will bear a different version number on the footer of each page and will supersede and replace any previous Ts&Cs.

9.4.5 No indulgence or extension of time that either you or us may grant to the other will make up a waiver or, limit any existing or future rights of the grantor in terms except if the grantor has signed a written document expressly waiving or limiting such rights.

9.4.6 We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Ts&Cs without notice to you.

9.4.7 All provisions of these Ts&Cs are, notwithstanding how they have been grouped or linked grammatically, severable from each other. Any provision of these Ts&Cs which is, or becomes unenforceable, whether because of being voided, rendered invalid, illegal, unlawful or for any other reason whatever, shall, only if it is so unenforceable, be treated as not having been written and the remaining provisions of these Ts&Cs shall remain in full force and effect.

9.5 Contact Details

The following contact details are hereby disclosed:

Customer Care: 010 211 1120 or [email protected]

Credit Ombudsman: 086 1662 837

National Credit Regulator: 086 062 7627

Credit Bureau: 086 1128 364

10. LAY-BY TERMS AND CONDITIONS

10.1 DEFINITIONS

In this Agreement, unless the context indicates differently: -

10.1.1 "Agreement" means these terms and conditions, including the Schedule and all written notices that the supplier has given to the consumer;

10.1.2 "Business day" means any day except for a Saturday, Sunday or South African public holiday;

10.1.3 "Consumer"/"you"/"your" means the person who has agreed to enter into this Agreement and whose details are recorded in the Schedule;

10.1.4 "Schedule(s)" means the Retail Lay-By Schedule attached to these terms and conditions which records the purchase price of the goods, the number of amounts to be deposited, the quantity of the amounts to be deposited, the dates on which the amounts need to be deposited and any other Schedules which may be attached hereto by agreement between the parties;

10.1.5 "Supplier"/"we"/"us"/"our" means JDG Trading Pty (Ltd);

10.1.6 "VAT" means value-added tax chargeable under the Value-Added Tax Act 89 of 1991;

10.1.7 The headings of the various clauses in this Agreement have been inserted purely for the purpose of convenience and they will not be used to interpret the Agreement.

10.1.8 Any reference to a gender includes the other genders; and

10.1.9 The singular includes the plural and vice versa (the other way around).

10.2 INTRODUCTION

 You have agreed:-

10.2.1 To buy the goods set out in the Schedule on lay-By; and

10.2.2 To pay for the goods by making regular deposits until payment of the full purchase price, as set out in the Schedule.

10.2.3 You understand and agree that the goods will not be delivered to you and you will not become the owner thereof until you have paid the full purchase price for the goods. The goods will remain at our risk until you have accepted delivery of them.

10.3 You agree that:-

10.3.1 This Agreement represents the entire Agreement between the you and the supplier and that no alterations or additions to this Agreement may be effected unless agreed to by both parties, reduced to writing and signed by you and a duly authorized representative of the supplier; and

10.3.2 For purposes of this Agreement "signature" or "signed" does not include an electronic signature as contemplated in the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act").

10.4 PAYMENT OF DEPOSIT AND INSTALLMENTS.

10.4.1 You understand and agree that:-

10.4.1.1 The purchase price of the goods includes VAT at the current rate of tax; and

10.4.1.2 if before the full purchase price of the goods is paid by you, the VAT rate is changed concerning the supply of the goods, we may recover the VAT increase from you before delivery of the goods.

10.4.2 The Agreement will commence upon signature of the Agreement and payment of the initial deposit set out in the Schedule.

10.4.3 Thereafter, you must deposit the monthly amounts on or before the due dates until the final payment date. All amounts must be deposited at the address of the store, as detailed in the Schedule, or via a direct deposit into the bank account of the store.

10.3.4 We will apply the deposits towards the settlement of the purchase price on the last payment date.

10.5 TERMINATION OF THE AGREEMENT.

10.5.1 If you terminate the Agreement before paying the full purchase price, or fail to complete the payment for the goods within 60 (sixty) business days after the final payment date, we:

10.5.2 May charge a termination penalty of 1% of the full purchase price of the goods. At your request, we will provide you with written details on how the penalty was calculated. We will not charge a termination penalty if sufficient proof is made available to us that your failure to complete payment was due to death or your hospitalization;

10.5.3 After deducting the termination penalty (if any), will refund you any amounts paid by you under this Agreement;

10.5.4 You understand and agree that if the agreement had been terminated for any reason and you wish to buy other or similar goods, you will be required to enter into a new agreement with us and the current price of the goods will then apply.

10.6 STATEMENTS OF ACCOUNT AND CONTACT DETAILS.

10.6.1 We will deliver a monthly statement of account to you by way of email or SMS, as may be elected by you.

10.6.2 You must check each statement as soon as you receive it and inform us within 7 days of receipt thereof if you think that a statement is not correct.

10.6.3 It is your responsibility to provide us with the correct contact details and to inform us of any changes.

10.7 DELIVERY OF GOODS.

10.7.1 We will make every reasonable effort to deliver the goods to you as soon as possible after we have received the full purchase price of the goods.

10.7.2 We cannot be responsible for failure to perform or to deliver or delays in performance or delivery due to circumstances beyond our control (“force majeure”.) We will not be liable to you for any loss arising from any failure or delay in performance or providing the goods resulting from “force majeure” events. We will use reasonable attempts to continue to perform in terms of this Agreement as soon as performance becomes possible. We may contact you to agree on alternative dates for delivery, but will not require you to accept delivery at an unreasonable time.

10.7.3 You understand and agree that the goods, as set out in the Schedule, are identified and described by style, make, model, kind, design or category (“Type”). This does not mean that we set aside specific goods for the duration of the Lay-By agreement, but that we deliver that Type to you after receipt of the full purchase price for the goods.

10.7.4 If, for reasons beyond our reasonable control, we are unable to deliver that Type to you, we will, at your option:-

10.7.4.1 Supply you with an equivalent quantity of goods that are comparable or superior in description, design or quality; or

10.7.4.2 Refund to you the amounts deposited with us for the goods, with interest in accordance with the Prescribed Rate of Interest Act 55 of 1975.

10.7.5 It is your responsibility to provide us with the correct delivery address before delivery of the goods.

10.8 TRANSFER OF RIGHTS.

10.8.1 Unless our prior written consent has been obtained, you will not be entitled to cede, delegate, assign or transfer all or any part of your rights or obligations under this Agreement.

10.8.2 You allow us and agree that we may cede any part or all of our rights under this Agreement or transfer any part or all of our rights or obligations (whether by delegation or assignment) under this Agreement to any third party. You further agree that it shall not be necessary for us to provide prior notification to you in the event of any such cession or transfer.

10.9 CONTACT DETAILS.

The following contact details are hereby disclosed:

Customer Care: 0800 110 775

National Consumer Commission: 012 761 3000

Consumer Goods and Services Ombud: 0860 000 272

10.10 ADDRESS FOR NOTICES AND LEGAL PROCESSES.

10.10.1 You agree to accept any notice and legal processes under this Agreement at the address recorded in the Schedule. (This address is known in law as your domicilium citandi et executandi or domicile address).

10.10.2 We choose as our domicile address where you must deliver all notices and legal processes, the following address: Marlboro House 6 Eastern Service Road Eastgate, Sandton 2090

10.10.3 If you want to change the address at which you agree to accept notices and legal processes, then you must send us a notice in writing by registered post. The notice must:-

10.10.3.1 Inform us that you are changing your address; and

10.10.3.2 Set out the new address at which you agree to accept notices.

10.10.4 Any new address must be a physical address in the Republic of South Africa.

10.10.5 If we send a notice to you:-

10.10.5.1 By prepaid registered post to your address, we will treat it as if you have received it 7 (seven) days after posting; and

10.10.5.2 By hand, we will treat it as if you have received it on the date of delivery.

10.10.6 When we treat a notice as if you have received it by a certain date, it means that we do not have to prove that you did receive it then. If you claim that you did not receive the notice by that date, then you will have to prove it.

10.11 GOVERNING LAW AND JURISDICTION.

10.11.1 This Agreement is in all respects governed by the laws of the Republic of South Africa.

10.11.2 You agree that the supplier may bring legal proceedings against you relating to this Agreement in any Magistrate's Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent the supplier from bringing legal proceedings in a High Court that has jurisdiction.

10.12 General

10.12.1 We do not lose any of our rights under this Agreement if we do not insist immediately and in every instance on these rights. You may not use it as defense if we had a right which we did not enforce at the relevant time.

10.12.2 If any term or condition of this Agreement becomes unenforceable for any reason whatsoever, that term or condition is severable from and shall not affect the validity of any other term or condition in this Agreement.

11. ONLINE EXCLUSIVE PROMOTIONS

11.1 These Terms of the Online Exclusive Offers (Promotion) together with the Russells Standard Terms and Conditions www.russells.co.za set out the terms and conditions that will apply when you place an order through the Russells operated website only and you purchase goods advertised as part of this promotion. Please note that the terms and conditions that apply to this promotion differ on certain parts from the terms and conditions that apply to ordering other products. Such differences will be explained later in these Terms. If you are unable to understand, or have any questions about these Terms please contact Russells on 0800 110 775 Please note that these Terms are subject to change so review and save or print a copy of the current terms and conditions prior to each order that you submit.

11.2 The Promotion is the sale of certain online only products as advertised on the specific product, for the advertised specific day, whereby the advertised goods will be sold at a discounted price for that specific day, and available for purchase online only.

11.3 The Promotion starts at Russells online only on the advertised and advertised day at 08:00am and ends on the advertised and mentioned day at 00:00pm. No purchases will be accepted after midnight on the advertised and mentioned day.

11.4 You will need to be logged into Russells website in order to use the promotion

11.2 Order and acceptance

11.2.1 Each order submitted, which includes the receipt of the full purchase price, constitutes an offer to purchase products. Orders are subject to Russells acceptance and may be refused at Russells discretion, for example in cases where:

11.2.1.1 Orders cannot be processed due to an error in information you have provided;

11.2.1.2 There is an error on the website relating to the products that you have ordered, for example an error relating to the price or description of the product as displayed on the website; or

11.2.2 The products that you have ordered are no longer available through the website.

11.2.3. After Russells receives your order, you will receive an email confirming receipt of your order. If you do not receive an email, contact Russells before you try to place another order for the same product.

11.2.4 You will receive an email when your order is being dispatched confirming that your order has been accepted and is on its way to you.

11.2.5 If you have any questions, comments or concerns regarding Russells order acceptance policy (agreement of sale), or if you consider that your order was rejected in error, please contact Russells on 0800 110 775.

11.3 PRODUCT AVAILABILITY

11.3.1 Russells has the Right to change information about products displayed on the website. For example, information about prices, description or the availability of products and may do so without first giving you notice of the changes.

11.3.2 Russells will not, however, change the price, availability or description of any product after we have accepted an order and cannot guarantee the performance of any third party and shall not be held liable for any act or default by a third party.

11.3.2 Due to the stock quantity, each customer may not purchase more than 1 product using this Promotion.

11.4 CUSTOMER STARTED ORDER CANCELLATIONS AND CHANGES

11.4.1 You can change or cancel your order before we have processed your order. To change your processed order, please contact Russells. If we have already dispatched your order, you can request a refund of the product, please see our Return Policy. WHERE?

11.5 Delivery

11.5.1 Any delivery dates provided to you in connection with your order are estimates. Although the aim is to provide you with as accurate estimates as possible, Russells cannot promise that they are accurate.

11.5.2 Product that is delivered to you will become your property at the time that you receive it provided that Russells has received full payment for the product. As soon as Russells has delivered the product to you, you will become responsible for it and for any loss or damage to it thereafter.

11.5.3 Please see the delivery policy for further details.

11.6 General

11.6.1 Participants of this promotion agree that Russells will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the promotion, or from participation in this promotion.

11.6.2 If any provision or part of these rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these rules shall remain in force.

11.6.3 Any violation of these rules will result in the immediate disqualification of the transgressing participant from the promotion.

12. TELEVISION LICENSE

12.1 Russells requires you to produce a valid TV license and ID document when purchasing a TV. First-time buyers may purchase a TV license in-store. In terms of the Broadcasting Act and Television License Regulations, license holders are required to note and/or comply with: Statutory obligations of a television license:

12.1.1 A television license is valid only at the permanent address reflected on the license.

12.1.2 A person purchasing a television set must have a valid (paid-up) TV license. You may not purchase a television set using someone else’s TV license.

12.1.3 When taking out a domestic/household television license for the first time, a person is required to provide his/her personal particulars: surname, initials, ID number (a copy thereof, fixed address and contact details.

12.1.4 When renewing a television license, a person is required to present an existing license, a copy thereof, or a renewal notice.

12.1.5 A license holder must notify the SABC, in writing, of a change of address within 30 days

12.1.6 A television license is not transferable from one license holder to another except between spouses or between unmarried “life partners” in a permanent relationship, on the death of a husband/wife or partner.

12.1.7 A single domestic television license is required per household regardless of the number of TV sets, provided that all sets used are at the license holder’s residential premises.

12.1.8 Russells requires a separate domestic television license at the full annual tariff for an additional TV at a new residential property (e.g., a holiday home) since it involves a different physical address.

12.1.9 “Family members of a television license holder”–defined as all persons who are permanent residents with the license holder, and; depend on him/her, and are owed a legal duty of support by the license holder–are covered by a single TV license in his/her name. A person has to meet all three conditions to be covered by a household’s TV license. Such domestic license covers a license holder and his/her immediate, dependent family members–with a married couple, a husband/wife and his/her dependent, minor children. Adult (non-dependent) children or more distant relatives–such as adult children, parents/ grandparents, brothers/sisters, uncles/aunts–or boarders or lodgers sharing a family’s home, are not defined as family members. They are separately liable for television sets in their possession and/or used by them.

13. OWNERSHIP AND CONTENT

All materials published on the Russells website are protected by copyright and owned or controlled by Russells or the party accredited as the producer of the content, software or other material. We shall construe nothing in these terms and conditions of use as conferring by implication or otherwise, any license or right under this copyright, trademark, database right or other intellectual property or proprietary interest of Russells or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of Russells or are used by Russells under license. Russells will prosecute any violation of intellectual property rights to the fullest extent that the law permits. We prohibit reproduction of part or all of the contents in any form other than strictly for individual use.

If you respond to Russells via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential. Russells will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Russells will also be able to use any ideas, concepts, know-how or techniques in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information. You consent to the aforesaid use of such information. By submitting information, you agree that Russells may publish the information, use it as part of its operations, and incorporate its concepts in Russells goods or for any other purposes, which Russells considers necessary, without liability.

Russells will deal with your personal information in terms of the privacy policy: http://www.russells.co.za/privacy/

14. DISCLAIMER

14.1.1 When you visit the Website of Russells, you consent to receiving communications from Russells electronically and agree that all agreements, notices, disclosures and other communications sent by Russells satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

14.1.2 You must ensure that the goods are fit for the purpose for which you want to buy them and are in good condition and free of any form of defects before you take delivery of the goods. It is a responsibility of the customer to ensure before delivery, that the goods listed on the till slip or your purchase order correspond in description, price and quantity with the goods purchased. You agree to adhere to the user/manufacturer’s instructions and ensure that you make yourself aware of all product warnings and safety instructions prior to the installation or use of all products purchased from Russells. You are to keep proof of any repairs conducted and authorized by Russells and proof of purchase on all returned goods.

14.1.3 You must make sure of all measurements and sizes before purchasing your goods, as we will not replace or refund you if the goods do not fit into the room/intended location or through a door.

14.1.4 The onus is on you to advise us if the goods are for a particular purpose when entering the transaction, and we cannot be held liable if you have not advised us of the goods particular purpose.

14.1.5 Russells provides the website “as is” and “as available” and to the extent permissible by law disclaims warranties including but not limited to warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website is free from defects, uninterrupted and error free.  While Russells attempts to provide accurate and timely information, Russells cannot guarantee this. Russells may correct and change the website if required.  The Russells goods and services described on the website are available in RSA, through the Russells branch network.

14.1.6 Although Russells has tried to display the goods and their colours as accurately as possible, the displayed products and colours of the products will also depend upon your equipment and Russells cannot guarantee that your equipment will display an accurate representation of the actual goods or their colours. Russells will not be liable for any other website provided by any third party. It does not include all accessories shown with products for presentation in the price, nor are such products guaranteed to be available for sale by Russells. In the event of delivery delays or out-of-stock situations, we will notify you and we will do our very best to ensure a speedy fulfilment.

14.1.7 Image Disclaimer: Where products are displayed with compatible devices, we will not include these devices as part of the sales price unless specifically identified as part of a product bundle. In all other cases, we show images to display products within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions.

15. LIMITATION OF LIABILITY

Russells is to be exempted from any liability due to a customer failing to provide accurate registration information, or a customer failing to view special warnings, etc. Subject to applicable law, you agree to indemnify, defend, and hold Russells harmless against any claim or liability (including attorneys’ fees) arising out of your use of the website.

16. AVAILABILITY AND TERMINATION OF ORDERS

Russells may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for specific performance and damages. Save for certain exceptions (Software, Games, Music, and DVD) and subject to certain charges.

17. GOVERNING LAW AND JURISDICTION

This Agreement is in all respects governed by the laws of the Republic of South Africa. You agree that we may bring legal proceedings against you relating to this Agreement in any Magistrate's Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent us from bringing legal proceedings in a High Court that has jurisdiction.

We choose as our domicile address where you must deliver all notices and legal processes, the following address: Marlboro House, 6 Eastern Service Road, Eastgate, Sandton, 2090

18. RUSSELLS VOUCHER REDEMPTION

1. This is a promotional offer (the “Offer”) as defined in the Consumer Protection Act no. 68 of 2008 (CPA), as amended from time to time. These Terms and Conditions will govern the redemption on your Voucher from any Checkers (the “Company”) or any Company to whom the Company has ceded the rights and obligations.

2. This Voucher (the “Offer”) is promoted by JD Group a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and with Russells, being a brand of the JD Group (the “Promoter”).

3. By purchasing, redeeming or attempting to redeem a voucher, you accept and agree to be bound by these Voucher Terms & Conditions and acknowledge you have read and understood these Voucher Terms & Conditions.

4. This Voucher can only be redeemed at a Checkers in-store.

5. Vouchers are issued at the discretion of Russells.

6. Vouchers are non-refundable and cannot be exchanged for cash.

7. Vouchers may not be used in conjunction with any other reward, voucher or discount.

8. Vouchers are issued with specific terms and conditions that regulate how and when they can be used. For example, a voucher may only be redeemed for the purchasing of an item within approved chain stores during a specific validity period.

9. The use of a voucher may also be limited by the total discount value available to all users for the promotion of a specific voucher.

10. All vouchers are valid for a maximum period of a year from issuing unless otherwise stipulated.

11. Only one voucher can be used per purchase.

12. The onus is on the customer to check the full voucher T&Cs issued with the voucher and to ensure they understand the voucher’s applications and limitations.

13. Any fraudulent or abusive behaviour, not limited to the creation of multiple Russells [ accounts, in order to benefit unduly from a voucher, is abuse of the benefit and Russells reserves the right to deactivate a customer’s account; to cancel and not to honour any related purchases.

14. Purchase authorisation will be declined if these terms and conditions are breached.

15. A voucher can be applied to any item, and the discount value of the voucher will be deducted from the total purchase price value of item/s. If the total value of your purchase exceeds the value of the voucher used, the balance is required to be paid by you. Any outstanding difference between the voucher and the amount of the purchase price must be paid before the expiry date of the quotation provided.

16. If the full value of your voucher is not utilised on your first purchase, the balance will be remaining on your voucher and this can be used for future purchases provided the voucher is still within the validity period. Using part of the voucher will not change the original voucher validity period.

17. Any balance that remains on the voucher after the voucher validity period has ended will no longer be available for use.

18. Vouchers are no longer redeemable after the voucher validity period has ended and as such will no longer be available for use.

19. Additional values cannot be added to existing vouchers.

20. In the event a purchase is cancelled by the customer after voucher redemption, the discounted voucher amount will not be reallocated or refunded and the voucher will be forfeit in its entirety.

21. Russells reserves the right to amend these Voucher Terms & Conditions at any time.

22. Changes to the Voucher Terms & Conditions will be available on the Russells website. In this regard the onus is on the customer to visit the russells.co.za website regularly to check whether the Voucher Terms & Conditions have changed.

19. STORE ACCOUNT
TERMS AND CONDITIONS: CREDIT FACILITY AGREEMENT
1. DEFINITIONS AND INTERPRETATION

1.1 In this Agreement, unless the context indicates otherwise, a reference to any gender shall include the remaining genders, the singular shall include the plural and the following words and expressions shall have the meanings respectively assigned to them in this clause:

 1.1.1 "Agreement" means these terms and conditions, including the Quotation and all notices that we send to you;

 1.1.2 "Business Day" means any day which is not a Saturday, Sunday or a public holiday;

 1.1.3 "Due Date" means the date on which an instalment or payment is due, as set in the Quotation or Debit Order Authorisation, except where such day falls on a Sunday or public holiday, in which event, the Due Date shall be the first Business Day immediately BEFORE that date;

 1.1.4 "Goods" means the asset(s) that you bought from the Supplier;

 1.1.5 "NCA" means the National Credit Act 34 of 2005;

 1.1.6 “ECTA” means the Electronic Communication & Transaction Act 25 of 2002;

 1.1.7 “Advanced Electronic Signature” means an electronic signature which results from a process which has been accredited by the Authority as provided for in section

 1.1.8 "Personal Information" means personal information as defined in POPI Act;

 1.1.9 "Principal Debt" means the amount of the principal debt referred to in in Part A of the Quotation;

 1.1.10 "POPIA" means the Protection of Personal Information Act 4 of 2013;

 1.1.11 "Process/Processing" has the same meaning assigned thereto in POPIA;

 1.1.12 "Quotation" means the pre-agreement statement and quotation to which you have agreed and which is attached to this Agreement.

 1.1.13 "Supplier" means the person from whom you procured the Goods;

 1.1.14 "VAT" means value-added tax chargeable under the Value-Added Tax Act 89 of 1991;

 1.1.15 "we"/"us"/"our" means JD Consumer Electronics & Appliances (Pty) Ltd, a private company duly registered and incorporated under the laws of the Republic of South Africa with registration number 1963/002315/07;

 1.1.16 "you"/"your" means the person who has agreed to enter into this Agreement and whose details are recorded in the Quotation.

1.2 The headings in this Agreement are included for reference purposes only and shall not in any way affect or govern the interpretation or construction of this Agreement.

1.3 A reference to legislation is a reference to legislation as at the date of enactment of the legislation or as it is amended or re-enacted from time to time, and includes all regulations issued under that legislation.

2. CREDIT FACILITY AGREEMENT

2.1.1 You agree to borrow from the credit provider the loan amount set out in the schedule to this agreement and to pay to the credit provider the amounts set out in the schedule to this agreement, subject to the terms and conditions set out herein.

2.1.2 The parties record that this agreement is a credit facility as defined in the NCA and that the NCA is applicable to this agreement.

2.1.3 The schedule to this agreement, ("the Schedule") sets out information regarding the loan amount borrowed and the payment terms, forms part of this agreement and must be read as such.

2.1.4 You acknowledge that you have received a Quotation and Pre-Agreement Statement (which includes a Summary of Rights, Obligations and Security) in terms of the NCA.

2.1.5 The credit provider is not the supplier or merchant of the goods or services purchased on the credit facility:

2.1.6 the credit provider will have the right to pay the suppliers the amount appearing on the voucher and debit the consumer’s account facility with such amount;

 2.1.6.1 the credit provider will not be liable for any costs, damages, expenses or losses which arise as a result of a dispute with the supplier or merchant.

2.1.7 You may elect and instruct the credit provider to either:

 2.1.7.1 pay the whole amount to you, by paying the loan amount to the account nominated by you for purposes of the payment of monthly installments by way of a monthly debit order, or where offered;

 2.1.7.2 pay the whole of the loan amount to a third party nominated by you in the schedule to this agreement; or where offered

 2.1.7.3 pay a portion of the loan amount into the account mentioned in paragraph 2.1.6.1 and the remainder of the loan amount to a third party nominated by you in the schedule to the agreement.

2.1.8 A reference to legislation is a reference to legislation as at the date of enactment of the legislation or as it is amended or re-enacted from time to time, and includes all regulations issued under that legislation.

3. PAYMENTS AND REPAYMENTS

3.1 You must pay all amounts due in terms of this Agreement on the Due Date.

3.2 You may at any time prepay any amount under this Agreement, without penalty. Your payments will be used to reduce your obligations in the following order:

 3.2.1 firstly, against due or unpaid interest;

 3.2.2 secondly, against due or unpaid fees or charges; and

 3.2.3 thirdly, against the outstanding amount of the Principal Debt.

 3.2.4 You shall pay to the credit provider the installments specified in the agreement.

 3.2.5 Any instalment due in terms of this agreement, is due and payable on or before the last day of each calendar month unless prior alternative written arrangement is made with the credit provider.

 3.2.6 You are not entitled to skip any payment. You are entitled to make a payment before the stipulated payment date in terms of the agreement but you may not withhold payment in any given month as long as there is an outstanding balance.

 3.2.7 Subject to the consumer’s rights in terms of the common law, he/she shall not be entitled to withhold payment of any installments or other amounts owing to the credit provider. You will not be entitled to set off against any installments or other amounts payable in terms hereof, any present or future claim, which you may have against the credit provider, from whatever cause arising.

 3.2.8 All installments shall be paid by way of a standard or an early debit order (the choice of which will be at the credit provider’s election), and you authorise the credit provider to instruct your bank to deduct a variable amount directly from your bank account and to pay the amount due to the credit provider. The variable amount is the monthly instalment, as well as any other amounts that may be due, from time to time, by you in terms of this agreement.

 3.2.9 The debit order authorisation and mandate in terms of this agreement may be ceded or assigned to a third party if the credit provider cedes or assigns the consumer’s indebtedness to it in terms of this agreement to that party. 3.2.10 The credit provider may allow you to make payment at the address of the credit provider, as detailed in the agreement or by such other method as the credit provider may deem fit.

4. DISPUTES WITH THE SUPPLIER

4.1 You hereby acknowledge that this is a credit facility/ revolving loan agreement between you and the credit provider. The credit provider is not a party to any legal relationship that may exist between you and any third party referred to in paragraph 2.1.7 above.

4.2 The credit provider will not be liable to you for any dispute which arise for the Goods purchased from the Supplier or merchant with the amount of the credit advanced to you i.e. costs, damages, expenses or losses, and you will not have the right to claim any amount from the credit provider us or to institute any counterclaim against or to apply set-off against credit provider us on this basis.

4.3 No dispute between you and the Supplier regarding the Goods will give you the right to be exempted from any of your obligations to the credit provider.

4.4 You should resolve such disputes with the supplier or merchant directly, subject to section 5(2)(d) of Consumer Protection Act as Amended.

5. CREDIT LIMIT

5.1 The credit provider may increase or decrease the credit limit upon the consumer’s instructions and in accordance with the NCA;

5.2 Before the credit provider increases the credit limit, the credit provider will conduct a fresh assessment as required by NCA.

5.3 The credit provider will notify you in writing or orally should the credit limit decrease or increase from the existing credit facility limit.

6. USE OF THE CREDIT FACILITY

6.1 The consumer will be issued with a card, which remains the property of the credit provider and upon demand must be returned.

6.2 The card may be used to make purchases at associated stores/stores displayed on the card for account lookup purposes. The authorisation however to purchase on your credit facility will however happen via biometric identification to confirm that the purchaser is the authorised account holder.

6.3 The consumer is required to sign a sales voucher (slip).

7. STATEMENTS OF ACCOUNT

7.1 The credit provider will deliver statements of account to you in the manner chosen by you. Such statements shall be delivered at regular intervals, not exceeding three months.

7.2 You are entitled to dispute all or part of any incorrect credit or debit in a statement of account by delivering a written notice to us.

7.3 The fact that a consumer did not receive a statement in a particular month does not release the consumer’s liability to pay any amount due under this agreement.

7.4 Should the consumer not receive a statement, the consumer is to bring this to the credit provider’s attention and may obtain a balance telephonically.

8. CREDIT LIFE INSURANCE

8.1 You shall enter into a credit life insurance agreement with an insurer of your choice, in terms of which you are insured against death and disability for an insured amount not exceeding your outstanding obligations in terms of this agreement.

8.2 The credit provider may offer you further optional insurance in relation to your obligations in terms of this agreement.

8.3 You hereby authorise the credit provider to pay the insurance premiums in respect of the aforesaid policies, as set out in the schedule to this agreement, on your behalf to the insurer(s), and to recover such amount(s) as paid on your behalf.

8.4 You shall have the right to reject any particular insurance policy proposed by the credit provider and to substitute with a policy of your choice, provided that such policy complies with the terms of this agreement.

8.5 You hereby admit that you have exercised a free choice in respect of the insurer with which the aforementioned insurance policy/ies is concluded. Furthermore, you confirm that you had an unqualified unrestricted free choice as to:

 8.5.1.1 whether a new policy(ies) is taken out or whether an existing policy(ies) is used for the purpose of clause 8.1;

 8.5.1.2 which insurer issues the policy(ies) and which institution or person will act as intermediary; and

 8.5.1.3 that such free choice was exercised freely without any coercion or inducement as to the manner in which you exercised such free choice.

8.6 You confirm that you understand your freedom of choice as explained and that such freedom of choice was explained or displayed to you before any decision was made as to what policy(ies) to utilise for the purposes of clause 7.1 and 7.2. Should you choose to substitute with a policy of your choice, you undertake to give written proof to the satisfaction of the credit provider of the policy so substituted in terms of this agreement before the receipt of the credit limit in terms of this agreement.

8.7 You hereby cede the aforementioned credit life insurance policy/policies (whether proposed by the credit provider or substituted by you) to the credit provider to secure the consumer’s indebtedness in this agreement.

8.8 You shall notify the credit provider immediately of any potential claim in terms of the abovementioned insurance policy or policies and shall fully comply with all the terms of such insurance policies.

9. EARLY SETTLEMENT AND TERMINATION OF THE AGREEMENT

9.1 You may terminate this Agreement at any time on the conditions set out below.

 9.1.1 Terminate this Agreement early;

 9.1.2 On a date which this Agreement ends;

9.2 If you terminate this Agreement early as mentioned above, you must pay the credit provider the settlement value on the settlement date specified. The settlement value will include all of the following amounts as at the settlement date specified:

 9.2.1 the unpaid balance of the Principal Debt; and

 9.2.2 the unpaid interest and all other fees and charges you owe.

10. DEBT COUNSELLING

10.1 If you are in financial difficulty, consider yourself over-indebted or you have reason to believe that credit was recklessly granted to you, you are encouraged to talk to us and we will endeavour to help you.

10.2 If you are an individual you have the right to apply to a debt counsellor who will consider your application to determine whether you are over-indebted or if you were granted credit recklessly.

10.3 An application for debt review in terms of the NCA will not apply to this Agreement if the credit provider has already proceeded to take legal steps to enforce the Agreement.

10.4 If your application is rejected by the debt counsellor, you have 20 (twenty) Business Days from the date of such rejection, to apply to a Magistrates' Court for an appropriate order.

10.5 If you are in default of your obligations and you have a pending application for debt review with a debt counsellor, we may give notice to terminate such review after 60 (sixty) Business Days. We will not terminate an application for debt review if such application for review has already been filed in a court or in the Tribunal.

11. PERSONAL INFORMATION

11.1 You agree and consent thereto that we may transmit to a registered credit bureau(x) information concerning –

 11.1.1 your application, this Agreement and the termination thereof as well as the information about your Account;

 11.1.2 any non-compliance by you with the terms of this Agreement.

11.2 You acknowledge that such a credit bureau will provide a credit profile and possibly a credit score on your credit worthiness. You have the right to contact such a credit bureau(s), to have the credit record(s) disclosed and to correct any inaccurate information.

11.3 You agree that we may–

 11.3.1 make enquiries to confirm and verify any information provided by you in the application form;

 11.3.2 seek information from any credit bureau(s) when assessing your application and at any time during the existence of your account.

11.4 You acknowledge and expressly consent thereto that we may –

 11.4.1 Process your Personal Information to conclude this Agreement and for purposes of maintaining the Account, providing services to you, including any benefits attached to the your account and complying with your instructions; and

 11.4.2 Process your Personal Information for purposes of the prevention and detection of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combating of money laundering activities.

11.5 You have the right to access your Personal Information held by us. We will grant you such access during office hours within a reasonable time after receiving a written request for access.

12. CREDIT PROVIDER DETAILS

NAME: JD Consumer Electronics Appliances (Pty) Ltd

REGISTRATION NR: 1963/002315/07

ADDRESS: 6 Eastern Service Road, Eastgate, Sandton, 2090

NCR REGISTRATION NR: NCRCP 13549


THIS INFORMATION IS ALSO AVAILABLE ON OUR WEBSITE FOR EASE OF REFERENCE.

13. DEFAULT ADMINISTRATION FEE FOR LETTERS OF DEMAND

We will charge you a fee each time you miss one or more payments and we have to write a letter to you to advise you of your default. This fee is called a default administration fee. It is the same amount as the fee that must be paid for a registered letter of demand for an undefended action under the Magistrates' Courts Act. It also includes the costs we incur in delivering the letter to you.

14. WHEN YOU WILL BE IN DEFAULT UNDER THIS AGREEMENT

14.1 You will be in default under this agreement if:

 14.1.1 you do not pay any amount payable to us under this Agreement on the Due Date; or

 14.1.2 you breach any of the terms and conditions of this Agreement and you do not remedy the breach within 10 (ten) days of receiving written notice to do so; or

 14.1.3 Any representation or warranty made in connection with this Agreement or any other documents supplied by you is materially incorrect or false;

 14.1.4 you –

  14.1.4.1 being an individual -

   14.1.4.1.1 publish notice of the voluntary surrender of your estate or die;

   14.1.4.1.2 are placed under administration or commit an act of insolvency as defined in the Insolvency Act 24 of 1936;

   14.1.4.1.3 have any application or other proceedings brought against or to respect of you in terms of which a third party seeks to have you sequestrated or placed under curatorship, in any event whether in a manner which is provisional or final, voluntary or compulsory;

  14.1.4.2 not being an individual:

   14.1.4.2.1 are wound up, liquidated, dissolved, deregistered or placed under judicial management, in any event in a manner which is provisional or final, voluntary or compulsory, or you pass a resolution providing for any such event;

   14.1.4.2.2 are treated as being unable to pay your debts;

   14.1.4.2.3 resolve that you voluntarily begin business rescue proceedings or have any business rescue proceedings commenced against you, as contemplated in section 132(1) of the Companies Act 71 of 2008;

 14.1.5 you compromise or attempt to compromise with your creditors generally or defer payment of debts owing by you to your creditors

15. OUR RIGHTS IF YOU ARE IN DEFAULT

15.1 If you are in default, we may:

 15.1.1 In the event of you failing to pay any amount due in terms of this agreement, we shall be entitled to instruct a firm of debt collectors registered in terms of the Debt Collectors Act, Act 114 of 1998 or a registered firm of attorneys to collect payment of the amount due in terms of the agreement on behalf of us.Subject to this provision of the Debt Collectors Act and the Regulations thereto, any debt collector collecting the debt due to the credit provider shall be entitled to make contact with and demand payment from you by way of personal or telephonic consultations.

 15.1.2 give you written notice of such default and propose that you refer this Agreement to a debt counsellor, alternative dispute resolution agent, consumer court or ombud with jurisdiction, with the intention that the parties resolve any dispute under this Agreement or develop and agree on a plan to bring repayments up to date;

 15.1.3 commence legal proceedings to enforce and exercise our rights in terms recovering collection costs and default administration charges if-

  15.1.3.1 we have given you notice as referred to in 12 above or we have given notice to end any debt review process under section 86 of the NCA which may then be underway in respect of this agreement; you have been in default under this agreement for at least 20 (twenty) Business Days; and

  15.1.3.2 at least 10 (ten) Business Days have passed since we delivered the notice contemplated in 12.1.2.1; and

  15.1.3.3 in the case of a notice in terms of 12.1.1, you have:

   15.1.3.3.1 not responded to that notice;

   15.1.3.3.2 responded to the notice by rejecting our proposal;

16. COLLECTION COSTS

16.1 If we bring legal proceedings against you to enforce payment of amounts you owe us, you are liable to pay all costs we incur in collecting the payment. The costs are determined by various laws, including:

 16.1.1 the Superior Courts Act, 1959 and rules of the Court;

 16.1.2 the Magistrates' Courts Act, 1944 and the rules of the Court;

 16.1.3 the Attorneys Act, 1979; and

 16.1.4 the Debt Collector's Act 1998

16.2 The collection costs exclude the default administration fee.

17. CESSION AND ASSIGNMENT

17.1 Unless otherwise agreed, you may not transfer any of your rights and/or obligations.

17.2 We may, without notice to you, transfer any of our rights and/or obligations and you agree that you will recognise the transferee's rights.

18. COST FEES AND INTEREST

18.1 You agree –

 18.1.1 to pay an initiation fee, which is a fee charged for the preparation costs of this Agreement;

 18.1.2 that you were given the option to either pay the initiation fee upfront or not wherein it will be included in the Principal Debt and interest will be charged thereon.

18.2 You agree to pay the monthly service fee, which is a monthly fee charged on the Due Date, for the routine monthly administration of your Account. If you do not pay this fee on time, it will be added to the outstanding balance and interest will be charged thereon.

18.3 The interest rate payable will be the interest rate set out in the Quotation.

18.4 Interest is calculated daily. We are entitled to add any unpaid interest to the outstanding balance of the Principal Debt which at that stage is still payable in terms of this Agreement.

18.5 We may change the amount of the service fees or of the other fees and charges stated in the Quotation by giving you at least five Business Days' notice in writing of the change, on condition that the service fees and other fees and charges may not exceed the maximum amount which is set under the NCA at the time of the change.

18.6 Insurance premiums may change from time to time in accordance with the terms of the relevant policy.

18.7 Subject to the provisions of the NCA and the Regulations thereto, the interest rate shall be calculated at a variable rate which is linked to the SA Reserve Bank Repurchase Rate (“Repo Rate”).

18.8 The calculation of interest shall be in accordance with the NCA and the Regulations thereto.

19. ADDRESSES

19.1 You agree that the postal/email address that you have provided on the Quotation is the address where we must send all post and other communication to you and that such communications will be binding on you.

19.2 You have in writing indicated that the notice contemplated in clause 12 must be delivered by registered mail to the address specified by you or to any adult person at the physical address or location specified by you.

19.3 You agree that the physical address that you have provided on the Quotation is the address that you have selected as the address where we must send all legal notices to you (your "domicile address").

19.4 You must let us know, in writing, by hand or registered mail, of any change to either of your addresses or your email address, telephone or cellular phone numbers. If you fail to give notice of a change of address, we may use the last address we have for you.

19.5 You accept that you will be deemed to have received a notice or letter five (5) Business Days after we have posted it to either of the addresses you have given to us.

20. YOUR ACKNOWLEDGEMENTS, REPRESENTATIONS AND WARRANTIES

20.1 By signing this Agreement either physically, digitally or electronically you acknowledge and agree that-

 20.1.1 you have the full capacity to effect and carry out your obligations in terms of this Agreement and that the terms of this Agreement do not conflict with and do not constitute a breach of the terms of any other agreement or undertaking that is binding on you;

 20.1.2 all information that you provided to us in connection with this Agreement is in all aspects true, complete, current and accurate, and you are not aware of any material facts or circumstances not disclosed to us, which if disclosed, would adversely affect our decision to grant credit to you;

 20.1.3 you are not subject to an administration order or under debt review;

 20.1.4 this Agreement has been either verbally explained, given access to or electronically displayed to you and you understand and appreciate the costs, risks and obligations associated herewith;

 20.1.5 as at the date of your application for credit, you have not taken up any additional credit.

20.2 If you are married in community of property, you warrant that your spouse has consented to the conclusion of this Agreement in writing and that his/her signature has been attested to by two witnesses.<20.4.1> 

20.3 You have the right to resolve any dispute that may arise between us by way of alternative dispute resolution, or to file a complaint with the National Credit Regulator, or to make an application to the Tribunal.

20.4 In terms of s44 of ECTA, you can cancel without reason and without penalty any transaction and any related credit agreement for the supply of-

 20.4.1 Of goods within seven days after the date of the receipt of the goods; or

 20.4.2 Of services within seven days after the date of the conclusion of the agreement.

 20.4.3 The only charge that may be levied on the consumer is the direct cost of the goods.

21. CONTACT DETAILS

21.1 The following contact details are hereby disclosed:

Contact Centre: 010 211 1120

Credit Ombudsman: 086 1662 837

National Credit Regulator: 086 062 7627

Credit Bureau: 086 1128 364

22. GENERAL

22.1 If we have not strictly enforced the terms and conditions of this Agreement at any time, you may not assume that the terms and conditions have been waived or altered by us. These terms and conditions will still apply and we will have the right to enforce the terms and conditions at any time.

22.2 We may provide a certificate from any of our managers, whose position it will not be necessary to prove, showing the amount that you owe to us. You agree that we may take any judgment or order that we are entitled to in law based on the amount contained in the certificate, unless you disagree with such an amount and are able to satisfy the court that the amount in the certificate is incorrect.

22.3 This is the whole Agreement and no changes or cancellations will be valid unless it is in writing and signed by both parties or is voice-logged by us and subsequently reduced to writing.

22.4 This Agreement is governed by South African law.

22.5 In terms of Section 45 of the Magistrate's Court Act 32 of 1944 and at our option, any claim that may arise may be recovered in any magistrate's court having jurisdiction and you hereby consent to the jurisdiction of the Magistrates' Court.

22.6 In the event of the consumer being married in community of property, he/she warrants that his/her spouse has consented to the conclusion of this agreement in writing and his/her signature has been attested to by two witnesses.

22.7 This contract complies with the Commission’s direction under section 20(7) of the Value Added Tax Act 89 of 1991.



If, after reading the Agreement and after we have explained it to you, you are still uncertain of your rights and your financial risk and obligations, we recommend that you obtain independent advice. By signing this Agreement you acknowledge and agree that you understand this Agreement, your rights, financial risk and obligations, and that you are aware of and have paid special attention to all the terms printed in bold.

20. PRODUCT REVIEW

Please note that by submitting a review on our website you will be deemed to have accepted these terms and conditions.

GENERAL

You agree that you will not submit any content:

● That is false, inaccurate, misleading, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, fraudulent, or otherwise objectionable;

● That infringes any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;

● For which you were compensated or granted any consideration by any third party;

● That violates any local, national, or international law;

● That references other companies or websites;

● That contains any computer viruses, worms, or other potentially damaging computer programs or files;

● That includes unsolicited promotions, mass mailings or spamming, political campaigning, advertising, or solicitations;

● That includes the personal information of any third party

All content is moderated to ensure it is appropriate for publication on our website. This means that after you submit your review it will not immediately appear on our website. We reserve the right to accept or reject any product review submitted to us and we may edit the length, spelling, and/or grammar issues of any review, but will not change the original meaning.

Although we will do our best to moderate all reviews posted, we assume no liability for any reviews posted, stored, or uploaded by you or any third party. We will not be held liable for any loss incurred by you as a result of a review published on our website.

GUIDELINES

Please take note of the following guidelines when submitting a review:

● Reviews must be about the product. We reserve the right to not publish your review if it contains personal information and/or special personal information as defined in the Protection of Personal Information Act 4 OF 2013 (hereafter the “POPI Act”), details about customer service, or links to other companies.

● Reviews must be submitted in English.

CUSTOMER SERVICE ISSUES

If your review refers to a potential manufacturing fault that could be specific to the item you received upon purchase, and not the product in general, our Customer Support team will be in touch to resolve it with you directly as soon as possible. We err on the side of publishing reviews detailing one-off product faults, except if we believe they might confuse future customers, in which case we will reach out to you to communicate this.

We ask you to log in to your Russells account to submit your review. This is to help us verify your review and because we might need to contact you to discuss your experience with the product.

If you have a problem with a review you have submitted, please contact us by emailing [email protected] or by calling 0800 110 775.

OWNERSHIP OF CONTENT

By submitting a product review on the Russells website, you grant Russells, a brand of JD Group which is a subsidiary of Pepkor Trading Pty (Ltd) the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout our marketing channels in any media.

21. VOUCHER

1Voucher can be used to top up selected partner product wallets. The Frequently Asked Questions on the website details how third-party wallets can be topped up using 1Voucher. The total value of the 1Voucher will be credited during the top-up process on the partner’s platform.

1Voucher is a bearer document and is akin to money and if it is lost or if the voucher is damaged the voucher is gone and cannot be replaced. 1Voucher cannot be exchanged for cash or refunded in cash. Once a voucher has been purchased it can only be redeemed at selected 1Voucher partners and is valid for three years. Partners accepting 1Voucher as a method to top up their wallets and participating retailers who sell 1Voucher may change from time to time

1.Introduction

1.1 These terms and conditions govern your relationship with us. By downloading and using our App you agree to and accept our terms and conditions. If you do not agree and accept, please do not use our App or uninstall it from your Device.

1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.

2.How to interpret these terms and conditions

2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:

2.1.1 Access Codes means any of your secret numbers used to access our App, including your password, username, biometrics and secret word;

2.1.2 App means the 1ForYou mobile application for your Device;

2.1.3 App Store means your Devices application store provided by Google, Huawei or Apple, as is applicable to you, from which you download the App;

2.1.4 Account means your account which is set up in the 1ForYou account management system (using a unique account identifier);

2.1.5 Device means the device you use to access the App;

2.1.6 1ForYou/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;

2.1.7 Personal Information means information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device`s GPS;

2.1.8 Prepayment means an advance payment of an amount which is reflected against your Account. A prepayment can either be made via cash, EFT or by using the 16-digit pin code printed on a receipt or another mechanism as advised by 1Voucher from time to time whether electronic or otherwise. You must use the PIN to 1ForYou App within a period of 3 years after the date of issue of the voucher in order to load your account with the relevant amount and if you fail to load within the 3-year period, the voucher will expire;

2.1.9 Profile means the digital identity you create when registering for the App and which will be linked to your Account;

2.1.10 Transactions mean the different transactions or activities that can be performed by you via the App, including but not limited to the purchase of products, a savings capability, bill payments, transfer or Prepayment. Transact has a similar meaning;

2.1.11 User Guide means the digital manual which explains how to operate the App and Transact, as updated from time to time; and

2.1.12 you means the person who registered for the App.

3. Registration

3.1 You must register for the App by giving permissions to your Personal Information and by following the prompt after you have downloaded the App on Your Device from the App Store.

3.2 When you register you must create a Profile for secure use of the App.

3.3 In completing the above registration process and accepting the terms and conditions as set out here, you authorize us to verify any information you provide to us. During the verification process, should it be needed, we reserve the right to request additional documentation from time to time.

3.4 Your Account may only be used for the purpose for which it was intended.

4.Use of the App

4.1 You should only use the latest version of the App. Failure to update may result in functions not working correctly and you may experience data errors or security issues for which we will not be liable under any circumstances whatsoever.

4.2 You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risk for which we will not be liable under any circumstances whatsoever.

5.Fees and costs

5.1 There are no subscription costs to access the App.

5.2 Standard data costs will be charged when you download the App and thereafter when you transact through the App. These costs may be charged by your mobile network operator (unless you are making use of a network that does not attract costs).

6.Transacting using the App

6.1 You must make a Prepayment to us before you will be able to perform Transactions. In some instances, you will receive a PIN when you make a Prepayment.

6.2 The different types of Transactions that can be performed are subject to change from time to time.

6.3 The Prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform Transactions, unless otherwise required or permitted.

6.4 You must ensure that you have enough Prepayment to cover the amount of the Transaction, where applicable.

6.5 Your Prepayment will immediately be reduced with the amount of each Transaction, where applicable.

6.6 You authorise us to carry out any and all Transactions which are authenticated by your Access Code(s).

6.7 You must make sure that you log out of the App when you have finished using it, to prevent anyone else from using it.

6.8 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.

6.9 All Transactions are in real time. It is therefore important that you check the Transaction details and details of the bill issuer (where applicable) before submitting the Transaction. No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.

7.Security

7.1 You understand that the use of the App with the Access Codes allows access to your Prepayment.

7.2 You must make sure that you keep the Device and Access Codes secret and secure and do not compromise any safety measures.

7.3 If another person gets hold of your Access Codes by whatever means, we will regard you as having authorised this person to access your Prepayment on your behalf, as your agent with full authority to do so.

7.4 You must notify us immediately if you have reason to think that someone else obtained your Access Codes. Any losses or costs incurred prior to notification will be for your account.

7.5 We are committed to providing safe online services. All uses of the App and Transactions through it are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App.

8.Changes

We are entitled to change these terms and conditions. We will give you notice of any material change. Your continued use of the App means that you have accepted such changes.

9.Intellectual property

9.1 Subject to any intellectual property rights held by any other third parties:

9.1.1 We keep all intellectual property and intellectual rights in and to all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the App; and

9.1.2 We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates and/or upgrades, only for purposes outlined in these terms and for no other purposes. You may not sub-licence such third-party content, including intellectual property rights associated with it.

9.2 You acknowledge that you:

9.2.1 will in no way represent that you have any rights of any nature in any current and future intellectual property belonging to us, and/or any third parties featured on the App;

9.2.2 will not use the current and future intellectual property that belongs to us and/or any third party that is featured on the App in any manner whatsoever or any other intellectual property which is identical, similar and/or confusingly similar thereto in any country;

9.2.3 will not apply for or obtain registration of any current and future intellectual property that belongs to us and/or any third party that is featured on the App, or any other intellectual property which may be confusingly similar thereto in any country;

9.2.4 will not challenge the rights to the current and future intellectual property that belongs to us, and/or any third party that is featured on the App in any country;

9.2.5 will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair the current and future intellectual property that belongs to us and/or any third party that is featured on the App or the reputation and goodwill associated therewith or the foregoing parties, or which would be expected to jeopardise or invalidate any registration of current and future intellectual property belonging to the foregoing parties; and 9.3 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third party claims initiated and/or instituted against us relating to your unauthorised use of the App, the content thereon and/or any other intellectual property and intellectual property rights flowing from the foregoing.

10.App StoreYou acknowledge and agree:

10.1 These terms are entered into between you and us. Since the App is made available through the App Store, the App Store is a third party under these terms and will also have the right to enforce these terms against you;

10.2 To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content;

10.3 Any claims relating to the licence of the App, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

10.4 If any claim by a third party that your possession or use (in line with these terms) of the App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

11.Your Personal Information

11.1 By registering, you consent:

11.1.1 to us collecting, using and storing your Personal Information, including cell-phone number, name, identity number and transactional information (Personal Information) provided during the registration process or thereafter and your transactional information to comply with legal and regulatory obligations, including requirements in terms of the Financial Intelligence Centre Act, 2002;

11.1.2 That educational and/or informative messages will be sent to you;

11.1.3 To receive notifications if your Account is dormant and if it will be closed. The consent provided in terms of clause.

11.2 above is voluntary, but if you do not provide such consent to us, we will not be able to open your Account.

11.3 Where you have given your consent, you also agree to:

11.3.1 the processing of your Personal Information by us and other companies in our group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep such information confidential and will only use your Personal Information for the purposes of providing information about products and services to you;

11.3.2 The collection of your Personal Information from any other source to supplement the Personal Information which we have about you;

11.3.3 the retention by us of your Personal Information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;

11.3.4 us using your Personal Information to send you information about products, services, and special offers of the various companies in our group and commercial partners that may be of interest or value to you;

11.3.5 us conducting a credit enquiry about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct your account, to: credit risk management services (including credit bureaux); and/or crime prevention agencies.

11.4 Subject to applicable law, you may access the Personal Information 1ForYou has about you by contacting our call centre and requesting that applicable corrections be made

11.5 If you are unhappy about the way we process your personal information, you should contact our call centre. Alternatively, you may lodge a complaint to the Information Regulator.

11.6 The responsible party is Flash Mobile Vending (Pty) Ltd with address at 36 Stellenberg Road, Parow Industria.

11.7 If you choose to be excluded from direct marketing campaigns in the future from us, you must advise us by contacting the call centre you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

12.Confidentiality

12.1 All information identified by 1ForYou as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc.), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with 1ForYou, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of 1ForYou.

12.2 In particular, you shall not, directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.

12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.

13.Termination and suspension

13.1 We are entitled to cancel, terminate or suspend your use of the 1ForYou System in respect of all Transactions or selected types of Transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if

13.1.1 We have reason to believe that the App has been or is likely to be misused;

13.1.2 Suspect any illegal use of the App;

13.1.3 You gave false or inaccurate information;

13.1.4 You fail and/or refuse to follow our User Guide or other instructions;

13.1.5 You are in breach of these terms and conditions or the provisions of any other agreement between us;

13.1.6 Law forces us; or

13.1.7 If we need to protect our interest.

13.2 We reserve the right to terminate or suspend your access to the App upon notice, without any liability to you or any third party.

13.3 You may also terminate your relationship with us with immediate effect upon notice to us via email us on [email protected]

13.4 Upon termination you will not be entitled to redeem your Prepayment or any balance thereof in cash or EFT, but will be allowed to Transact until the Prepayment is depleted.

14. Disclaimer, Limitation of liability & Indemnity

14.1 We will make every effort to ensure that the App is continually available to you.

14.2 The functioning of the App is, however, dependent on factors beyond our control, including but not limited to, the availability and performance of the relevant mobile telephone network, any third party integration system which provides a service on the App, the performance and compatibility of your Device with the App.

14.3 If the App is not available due to a factor beyond our control, or where the App is available, however, but some transactions are offline due to third parties being offline, we will not be held liable for this.

14.4 You use the App at your own risk. The App is not error-free and is being provided on an “AS IS” basis without warranty of any kind.

14.5 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, 1ForYou shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.

14.6 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.

14.7 You indemnify 1ForYou against any loss suffered by it, whether direct or consequential or claims instituted against 1ForYou by virtue of your use of the App.

15.Dormancy & Expiry

If there are no Transactions on your Account for a period of 85 (eighty-five) consecutive days, 1ForYou will classify your Account as dormant and you will have to call the 1ForYou call centre to reactivate your Account again. If there are no Transactions on your Account for a period of 3 years, your prepaid credit will expire.

16.General

16.1 You are not, without the consent of 1ForYou, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with 1ForYou to any third party. 1ForYou shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by 1ForYou.

16.2 No indulgence, leniency or extension of time which 1ForYou may grant or show to you shall in any way prejudice 1ForYou or preclude 1ForYou from exercising any of its rights in the future.

16.3 You may not change any of these terms and conditions or any terms or User Guides provided to you from time to time with regards to the App.

16.5 1ForYou shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the User Guide.

17.Online 1Voucher Purchases

1Vouchers purchased on the website are non-refundable.

1Vouchers purchased on the website are non-refundable. For any queries relating to online voucher purchases please contact [email protected]

We always strive to respond to customers within 24 hours with an answer to their query, or with acknowledgement of the issue and estimated resolution timelines, based on the severity of the issue. All other Ts & Cs for 1Voucher also apply to online voucher sales.

3D Secure processing

This makes sure that your bank notifies you to verify a transaction, by sending you a One Time Pin (OTP) when you enter your card details and confirm payment for an order or service. This 3D secure process is how your bank (issuing bank, e.g. ABSA, FNB, Nedbank, Standard Bank etc.) lets the website know that you are the owner of the card or account.

How does a card get setup for 3D Secure?

The customer’s bank is responsible for enrolling the card for 3D Secure, so that the customer can receive an OTP when they enter their card details and would like to authenticate the transaction.

Who sends the OTP?

The customer’s bank (Issuing bank) sends a password prompt to the customer via sms, email, banking app or USSD. The customer is then to enter this password on the website to complete the payment.

What can I do if I do not receive an OTP?

As a customer, should you not receive an OTP, you would need to

1. Check that the means of receiving this OTP from your bank is functional (Phone network is active, active internet connection, email working, etc.)

2. Call your bank online banking department to ensure that their 3D Secure process is functioning or checking your banking app if you are setup for online payments and you have set your daily/monthly limits

Protection of Personal Information (POPI)

Peach Payments processes transactions according to agreements with our acquiring partners, card schemes, PCI compliance, Payment Association Of South Africa and other 3rd parties in the processing chain (More detail on this provided in contract with our merchants) Please contact your merchant (website or app) for more information on how they implement peach payments services and products on their web or mobile platform.

Card Holder Safety

No sensitive cardholder data is stored on merchant’s servers at any time for either once-off or subscription payments. When a user opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from users browsers to Peach Payments systems. Merchant’s staff and systems do not have access to complete card number details at any point in time, on Peach Payments platforms.

22. PAIA MANUAL

You may view our PAIA manual on:

Pepkor PAIA Manual

Data Subject Access Request Process:

The Data Subject Access Request proceed to be followed as outlined in clause 3 of the Data Subject Request Policy.

Contact details of the liaison person:

Liaison Person Contact details Email address
Ankia van der Pluym +27 (11) 718 6153 [email protected]
23. BUILT IN KITCHEN-HOME CONCEPT

1. It is the responsibility and duty of both the customer and the retailer to ensure that the plan and the corresponding finishes are exactly what the customer has ordered.

2. Granite, glass, appliances, sinks and accessories are not included in the quote that is printed and must be add in manually by the Retailer and paid for separately (unless otherwise stipulated).

3. The quoted price does include installation.

4. Home Concept and their Dealers will use their best endeavour to ensure the quoted delivery lead time is achieved. These may however be affected by unforeseen circumstances such as strikes or natural disasters.

5. Delivery will be done in 14 working days from the day the design is approved by the retailer/customer, signed and the official order is received.

6. It is both the customers and retailers responsibility to ensure that the customer has removed all the existing cupboards, and or done any alterations.

7. The delivery and installation will be signed off by the Fitter and the customer / or their representative, who will be required to sign acknowledgement that the goods have been installed according to signed plan and are in good order.

8. Any shortages/faults found must be entered on to the delivery / COC note, these will be addressed by the Dealer, as soon as possible. Should the customer opt not to do this then the delivery will be deemed to have been completed in good order and the Dealer will be entitled to ask the retailer to check the quality and accuracy of the installation versus the order placed.

9. Home Concept Dealers do not provide plumbing services, nor are they allowed to do any electrical jobs.

Home Concept Dealers and their fitters cannot be held responsible for cupboards that are unable to fit flush due to inconsistencies in the floor (uneven floors) or walls (off square), poor quality building will negatively affect the finish of the kitchen or bedroom cupboard fitted.

10. Any additional costs resulting from changes to the design after the order has been placed will be for either the customer or retailers account.

11. Once the order has been placed and manufacturing has commenced, there can be no cancellation or refund as these products constitute Special Order Goods as defined by the Consumer Protection Act.

12. Unless stipulated all units heights are a standard height of 2180mm, ceiling heights thereafter are shown as H1 at 2330mm or H2 at 2480mm.

13. This agreement constitutes the entire agreement between the parties and no addition to, variation of, waiver of its items, or consensual cancellation hereof, shall be of any force or effect unless reduced to writing and signed by both parties.

14. No indulgence or extension of time granted by any party shall:

- operate as, or be deemed to be, a waiver of his rights hereunder;

- be novation of this agreement; or

- operate so as to preclude such party thereafter from exercising their rights strictly in accordance with this agreement.

15. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether he alleges it induced the contract or whether he was negligent or not.

16. Colour swatches and/or images used in this quote are for reference purposes only and are not a true reflection of the final colour and finish of the kitchen quoted.

17. All cupboards have Masonite backing boards EXCEPT the Walk-in Pantry, Stove units and behind the Built in fridge.

18. The warranty only covers workmanship and product failure and EXCLUDES water damage, heat damage and customer negligence.

24.BUILT IN KITCHEN MAKEOVER

1. This Competition is promoted by JD Home a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and with Russells, Bradlows & Sleepmasters being a brand of JD Group (the “Promoter”). In association with Facebook as a third party of this Competition.

2. This Competition shall be conducted in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002.

3. These Terms and Conditions should be read together with the online Terms and Conditions displayed at Russells, Bradlows & Sleepmasters website www.russells.co.za, bradlows.co.za, www.sleepmasters.co.za

4. Competition Period

The Competition runs from 07 November until 15 December 2022, both dates inclusive, (the “Competition Period”). No entries will be accepted after midnight on 15 December 2022.

The Competition runs from 07 November until 15 December 2022, both dates inclusive, (the “Competition Period”). No entries will be accepted after midnight on 15 December 2022.

5. Who Can Enter (the “Participant”)

You are entitled to participate in this Competition if you are a natural person, 18 (eighteen) years or older. The Promoter reserves the right, at any time, to verify the validity of a Participant (including but not limited to a participant’s identity and age) and to reject any Participant who has not complied with these Terms and Conditions. Errors and omissions may be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

6. Exclusions

Directors, members, employees, agents of, or consultants to the Promoter and its subsidiaries, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this Competition, or if you are any of the aforementioned persons' immediate family, including spouses, life partners, parents, children and siblings, are excluded from being entered into this Competition.

7. How to Enter

A participant must:

7.1. Have a current Lay-by account; and

7.2. settle the Lay-By account in full during the Competition Period;

Social media platforms Terms and Conditions apply.

8. Number of Entries per Participant

One entry per person.

9. Entry Fee

There is no entry fee to participate in the Competition, save for clause 7 above.

10. The Prize

10 participants per brand will stand a chance to win the value of their purchase back.

11. Draw Details and Winner’s Rights and Obligations

11.1. A total of 10 winners per brand will be chosen randomly for this competition under the supervision of an independent accountant, registered auditor or attorney.

11.2. The random entry draw will be independently audited by an independent accountant, registered auditor or attorney to establish whether it meets the Competition qualifying criteria and if so that the Participant will be the Winners (subject to the Promoter being able to contact the Winners). If the qualifying criteria are not met, further random draws will take place until a randomly selected valid entry meets the eligibility criteria.

11.3. The draw will take place on 20 December 2022. In addition, the Winners will be notified via phone call and posted on Russells, Bradlows, and Sleepmasters webpage.

11.4. Should the Competition draw be postponed, only the Promoter has the discretion to elect a new date which will be published on Russells, Bradlows & Sleepmasters website www.russells.co.za, bradlows.co.za , sleepmasters.co.za 4 (four) days after the original draw date.

11.5. The Winner(s) will be notified within 48 (forty-eight) hours of the random draw taking place. The Promoter will attempt to contact each Winner at least 3 (three) times, but if the Promoter is unable to contact either one of the Winner(s) within 2 (two) days after the third attempt, through no fault of the Promoter, the Prize will be awarded to the next eligible Winner(s). The Winner(s) will also be announced on the Promoter’s web page only once the Promoter has made successful contact with all the respective Winner(s).

11.6. If the Winner(s) is unable to attend, receive or utilize the prize or is uncontactable during the stipulated period, the entire prize will be forfeited at the discretion of the Promoter.

11.7. The Winner(s) may be asked to consent to participate in marketing activities, including having his/her photograph taken and published on the Promoter’s website or other media.

11.8. The Prize is exclusively for the benefit of the Winner(s) and is neither transferable nor exchangeable for cash or otherwise. The Prize must be taken up within 3 (three) weeks after the Winner(s) has been contacted and announced.

11.9. The Winner(s) will be required to complete a declaration acknowledging receipt of the price and that he/she is not connected to the Promoter as stipulated in clause 6 above.

11.10. By entering into the Competition, a Participant has the discretion to consent to the Promoter sending marketing material during and after this Competition and voluntarily provides their personal information in accordance with the Protection of Personal Information Act (“POPIA”) to the Promoter, its associated agencies and third party service providers running the Competition in conjunction with the Promoter. You can view our External Privacy Statement at https://www.pepkor.co.za/wp-content/uploads/2021/04/Privacy-Statement.pdf/.

11.11. The Winner(s) agrees that upon winning the Prize, no further prizes in any competitions or give-away or similar campaign of Promoter or JD of which the Promoter forms part, will be awarded to the Winners for a period of 3 (three) months, irrespective of whether the Winner has entered or qualified prior to or after the date on which the Prize was awarded to the Winner(s).

11.12. By participating in this Competition, a Participant agrees to all the Competition Rules set out above, without exception.

12. General

12.1. The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without prior notice or liability. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Competition agree that the Promoter will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in this Competition.

12.2. The laws of the Republic of South Africa govern this Competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Competition Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing Participant from the Competition.

12.3. It is within the Promoter’s sole discretion to disqualify any Participant who posts any inappropriate comment or uses inappropriate language on our social media platforms or webpage. The Promoters decision is final, and no correspondence will be entered into.

12.4. The right of a Participant to any benefit or right conferred as a result of participating in the Competition will only be fully vested when the Winner has been duly contacted.

12.5. A copy of these Competition Rules is available at Russells, Bradlows & Sleepmasters websites www.russells.co.za, bradlows.co.za , sleepmasters.co.za.

25.WIN ON LAY-BY

1. This Competition is promoted by JD Home a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and with Russells, Bradlows & Sleepmasters being a brand of JD Group (the “Promoter”). In association with Facebook as a third party of this Competition.

2. This Competition shall be conducted in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002.

3. These Terms and Conditions should be read together with the online Terms and Conditions displayed at Russells, Bradlows & Sleepmasters website www.russells.co.za,www.bradlows.co.za , www.sleepmasters.co.za

4. Competition Period

The Competition runs from 07 November until 15 December 2022, both dates inclusive, (the “Competition Period”). No entries will be accepted after midnight on 15 December 2022.

5. Who Can Enter (the “Participant”)

You are entitled to participate in this Competition if you are a natural person, 18 (eighteen) years or older. The Promoter reserves the right, at any time, to verify the validity of a Participant (including but not limited to a participant’s identity and age) and to reject any Participant who has not complied with these Terms and Conditions. Errors and omissions may be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

6. Exclusions

Directors, members, employees, agents of, or consultants to the Promoter and its subsidiaries, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this Competition, or if you are any of the aforementioned persons' immediate family, including spouses, life partners, parents, children and siblings, are excluded from being entered into this Competition.

7. How to Enter

A participant must:

7.1. Have a current Lay-by account; and

7.2. settle the Lay-By account in full during the Competition Period;

Social media platforms Terms and Conditions apply.

8. Number of Entries per Participant

One entry per person.

9. Entry Fee

There is no entry fee to participate in the Competition, save for clause 7 above.

10. The Prize

10 participants per brand will stand a chance to win the value of their purchase back.

11. Draw Details and Winner’s Rights and Obligations

11.1. A total of 10 winners per brand will be chosen randomly for this competition under the supervision of an independent accountant, registered auditor or attorney.

11.2. The random entry draw will be independently audited by an independent accountant, registered auditor or attorney to establish whether it meets the Competition qualifying criteria and if so that the Participant will be the Winners (subject to the Promoter being able to contact the Winners). If the qualifying criteria are not met, further random draws will take place until a randomly selected valid entry meets the eligibility criteria.

11.3. The draw will take place on 20 December 2022. In addition, the Winners will be notified via phone call and posted on Russells, Bradlows, and Sleepmasters webpage.

11.4. Should the Competition draw be postponed, only the Promoter has the discretion to elect a new date which will be published on Russells, Bradlows & Sleepmasters website www.russells.co.za,www.bradlows.co.za , www.sleepmasters.co.za 4 (four) days after the original draw date.

11.5. The Winner(s) will be notified within 48 (forty-eight) hours of the random draw taking place. The Promoter will attempt to contact each Winner at least 3 (three) times, but if the Promoter is unable to contact either one of the Winner(s) within 2 (two) days after the third attempt, through no fault of the Promoter, the Prize will be awarded to the next eligible Winner(s). The Winner(s) will also be announced on the Promoter’s web page only once the Promoter has made successful contact with all the respective Winner(s).

11.6. If the Winner(s) is unable to attend, receive or utilize the prize or is uncontactable during the stipulated period, the entire prize will be forfeited at the discretion of the Promoter.

11.7. The Winner(s) may be asked to consent to participate in marketing activities, including having his/her photograph taken and published on the Promoter’s website or other media.

11.8. The Prize is exclusively for the benefit of the Winner(s) and is neither transferable nor exchangeable for cash or otherwise. The Prize must be taken up within 3 (three) weeks after the Winner(s) has been contacted and announced.

11.9. The Winner(s) will be required to complete a declaration acknowledging receipt of the price and that he/she is not connected to the Promoter as stipulated in clause 6 above.

11.10. By entering into the Competition, a Participant has the discretion to consent to the Promoter sending marketing material during and after this Competition and voluntarily provides their personal information in accordance with the Protection of Personal Information Act (“POPIA”) to the Promoter, its associated agencies and third party service providers running the Competition in conjunction with the Promoter. You can view our External Privacy Statement at www.pepkor.co.za/wp-content/uploads/2021/04/Privacy-Statement.pdf

11.11. The Winner(s) agrees that upon winning the Prize, no further prizes in any competitions or give-away or similar campaign of Promoter or JD of which the Promoter forms part, will be awarded to the Winners for a period of 3 (three) months, irrespective of whether the Winner has entered or qualified prior to or after the date on which the Prize was awarded to the Winner(s).

11.12. By participating in this Competition, a Participant agrees to all the Competition Rules set out above, without exception.

12. General

12.1. The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without prior notice or liability. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Competition agree that the Promoter will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in this Competition.

12.2. The laws of the Republic of South Africa govern this Competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Competition Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing Participant from the Competition.

12.3. It is within the Promoter’s sole discretion to disqualify any Participant who posts any inappropriate comment or uses inappropriate language on our social media platforms or webpage. The Promoters decision is final, and no correspondence will be entered into.

12.4. The right of a Participant to any benefit or right conferred as a result of participating in the Competition will only be fully vested when the Winner has been duly contacted.

12.5. A copy of these Competition Rules is available at Russells, Bradlows & Sleepmasters websites www.russells.co.za,www.bradlows.co.za , www.sleepmasters.co.za.

26. “FIFA WORLD CUP” PROMOTION, INCLUDING MARKETING RELATED ACTIVITIES AROUND SPONSORSHIP

Promotion Terms and Conditions

1. These terms and conditions were last amended: [18/11/2022]

2. This Promotion is run by HISENSE South Africa (Pty) LTD (“the Promoter”)

3. Please e-mail us at [email protected] if you do not understand any part of these terms and conditions or have any questions about these terms and conditions or the Promotion. You can also inbox us on the HISENSE Facebook Page, or visit us at www.hisense.co.za

4. By entering the Promotion, all participants confirm that they have read and agree to be legally bound by these terms and conditions.

5. This Promotion is in no way sponsored, endorsed, or administered by, or associated with Facebook.

WHAT ARE THE MECHANICS? The Mechanic/How to Enter:

During the period of the sponsor, HISENSE South Africa will in engage several online and offline marketing related event. As per the instruction and given entry mechanic related to each individual marketing activity or competition, HISENSE South Africa reserves the right to change the duration of the Promotion, subject to these terms and conditions, if it is deemed necessary due, for instance, to circumstances beyond their control such as acts of God, changes or new interpretations of legislation, or any other unforeseen event.

WHO MAY ENTER THE PROMOTION? (WHO QUALIFIES FOR ENTRY INTO THE DRAW?)

1. South African citizens, as well as legal foreign nationals in South Africa with a South African residential address and a valid South African authorised ID, may enter the Promotion.

2. Entrants must be 18 years or older.

3. Consumers submitting entries via social media, from a valid and authentic social media account.

4. By entering this Competition, all participants and winners acknowledge that they have the legal capacity to enter and agree to be bound by these terms and conditions, which will be interpreted by the Promoters. The Promoters’ decision regarding any dispute will be final and binding, and no correspondence will be entered.

WHO MAY NOT ENTER THE PROMOTION?

The following persons may not take part in this Promotion.

1. HISENSE employees i.e., director(s), member(s), partner(s), employee(s), agencies(s), or consultant(s) relating to this promotion.

2. Any retailer or supplier of goods and services in connection with this Promotion.

3. The spouse, life partner, siblings, children, or parents of any of the persons named above.

THE PRIZES

1. To be confirmed at time of activity

2. PARTICIPANTS MAY ENTER THE PROMOTION BY:

To enter the Competition, you respond to stipulated means of contact.

PRIZE TERMS AND CONDITIONS:

1. HISENSE prizes cannot be transferred or converted into cash.

2. Prizes are limited to one per customer.

3. HISENSE South Africa reserves the right to request a Participant’s ID document and physical proof of identity on social media before handing over a prize to confirm the Winner’s identity.

4. Only those entrants whose purchases are verified successfully will be eligible for a prize.

5. Prize Winners:

a. HISENSE South Africa (Pty) Ltd will not be responsible for ensuring that entries and any additional costs relating to the usage, delivery of such purchases or upkeep of the associated purchases

b. The “Prize” is neither transferable nor redeemable for cash or other prizes. The Promoter reserves the right to substitute the Prizes with any other prize of comparable commercial value.

NOTIFICATION OF WINNERS

a. The prize winners will be contacted via direct message to the account or profile used to enter the Competition on the day of the draw.

b. The Promoters will randomly select a winner from all the entries received.

c. The Promoters will conduct a verification process.

d. If the Winner cannot be contacted after three tries on the day of the draw, the Promoter reserves the right to award the Prize to the next eligible Winner.

e. The Promoter may require the winners to complete and submit an information disclosure document to enable the Promoter to ensure compliance with the rules and the provisions of the Consumer Protection Act 68 of 2008. Should any winner refuse or be unable to comply with these rules for any reason, such Winner will be automatically disqualified. The Winner may be required to sign a waiver of liability and indemnity before claiming the Prize. The Promoters may collect, store and use (but not share) any personal information of entrants for communication or statistical purposes.

i. Winners will be required to provide:

1. Copy of a valid South African ID Document

2. Should the Winner not be able to provide these documents to the Organisers upon request, they will be disqualified.

ANNOUNCING OF WINNERS

1. The draw for the Prize will take place weekly and be announced no later than 15 days after the promotional period ends.

2. The Organisers decision is final and binding, and no further correspondence shall be entered into.

GENERAL

● By entering the Promotion, Participants give permission for their name and surname, as their photograph to be posted onto the HISENSE South Africa Website and Facebook page, YouTube, Instagram and Twitter account, and to be used in other public announcements of the winners, as well as in future promotional material, unless a winner expressly asks HISENSE not to do so.

● HISENSE has the right to end this Promotion at any time. If this happens, HISENSE will publish a notice on Facebook, and all Participants agree to waive (give up) any rights that they may have with regards to this Promotion and acknowledge that they will have no rights against HISENSE.

● HISENSE reserves the right to change the terms and conditions of the Promotion.

● HISENSE will publish changes to these terms and conditions on www.HISENSE.co.za/ promotions and HISENSE’s Facebook page (www.facebook.com/HISENSESouthAfrica). These terms and conditions will also be available on www.houseandhome.co.za

● It is each Participant’s responsibility to check the websites for amendments to these terms and conditions.

● Participants will not hold HISENSE liable for any technical errors from participating retailers, HISENSE platforms, the hosting website, Facebook.com or any other service provider.

● Should any Participant be found to be in contravention of any of these terms and conditions or in the opinion of HISENSEs, be engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of HISENSE, then HISENSE reserves the right to disqualify such a Participant on written notice.

● Information collected from Participants will be used by HISENSE only and will not in any way be transferred or made available to third parties. The clauses in these terms and conditions are severable. This means that if any clause in these terms and conditions is found to be unlawful, it will be removed, and the remaining clauses will still apply.

● Wherever time has been referred to in these terms and conditions, it refers to GMT +2.

● These terms and conditions and the Promotion are governed by the law of the Republic of South Africa.

● HISENSE accepts no liability for any further and or additional costs and/or expenses in relation to delivery of the Prize, and the Winner indemnifies House & Home, its Directors, employees, shareholders and agents against any claim of whatsoever nature howsoever arising.

● The Winner will be required to sign an Indemnity and Media Release forms [keep this clause in if you will require photos of the Winner and require the Winner to travel or perform some physical activity etc.].

● Failure to claim the Prize or a refusal or inability to required documentation or comply with any of the competition requirements within 2 months will disqualify the Winner and a new Winner will be drawn in terms of these rules.

● The Promoter shall not be responsible for any lost, damaged, delayed, incorrect or incomplete entries for any reason whatsoever. Proof of sending will not be accepted as proof of receipt.

● The Promoter shall not be responsible for the failure of any technical element relating to this Promotion that may result in an entry not being successfully submitted.

● Responsibility is not accepted for entries lost, damaged or delayed as a result of any network, computer or cell phone hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.

● The Promoter reserves the right to disqualify any claim if fraud or cheating is suspected, including without limitation, through the manipulation of code or otherwise frequently falsifying data.

● No applications from agents, third parties, organised groups or applications automatically generated by computer will be accepted. No incomplete or corrupted entries will be accepted. Entries will only be accepted if they comply with all entry instructions.

● Any attempt to use multiple e-mail, cell phone or Facebook accounts or other tactics to enter or vote more than the stated limit may result in disqualification and all associated entries and/or votes will be void. Entries or votes generated by script, macro, bot, commercial contest subscription, incentives or other means not sponsored by the Promoter, vote-swapping sites, voting software, entering service sites or any other automated means and entries or votes by any means that subvert the entry/voting process or do not conform to the terms or spirit of these competition rules, will void the entry/votes and may disqualify the entrant.

● The Prize is not exchangeable for cash and is not transferrable.

● The Promoter reserves the right to use the images taken of the Winner for publicity purposes in any manner they deem fit, without remuneration being made payable to the Winner. However, the Winner has the right to object to these images being used by written notification to the Promoter on [email protected]

● The Promoter shall have the right to change or terminate the promotional Competition immediately and without notice, if deemed necessary in its opinion and if circumstances arise outside of their control. In the event of such change or termination, all participants agree to waive any rights that they have in respect of this promotional Competition and acknowledge that they will have no recourse against the Promoter or its agents.

● In the event that the Prize is not available despite the Promoter’s reasonable endeavors to procure the Prize, the Promoter reserves the right to substitute the Prize of equal value.

● Neither the Promoter, its agents, its associated companies, nor any directors, officers, or employees of such, shall be liable for any loss or damage, whether direct, indirect, consequential, or otherwise arising from any cause whatsoever, which may be suffered by the participant or the Winner.

● Participation in the promotional Competition constitutes acceptance of the promotional competition rules and participants agree to abide by the rules.

● This Promotion is in no way sponsored, endorsed, or administered by, or associated with WhatsApp and the participants acknowledge that they are providing information to the Promoter and its agents only.

● All participants in this Competition release Hisense from all liabilities and claims arising out f or in connection with this Competition and these terms and conditions.

● This promotional Competition is in no way sponsored, endorsed, or administered by, or associated with Telkom, MTN, Vodacom and Cell C or any other cellular or telecommunications company and the participants acknowledge that they are providing information to the Promoter and its agents only and not to telephone networks.

● All participants in this competition release Telkom, MTN, Vodacom and Cell C or any other cellular or telecommunications company from all liabilities and claims arising out of or in connection with this Competition and these terms and conditions.

● The Promoter reserves the right to delete any information uploaded by a participant which the Promoter, in its absolute discretion, believes is illegal, obscene, offensive, or defamatory, or infringes the intellectual property rights of a third party, or is otherwise inappropriate for a campaign designed for mass audience entertainment.

● Participants warrant that they have full rights to the images and stories that they upload and that the use of the said material shall not constitute a breach of any third party’s copyright or other intellectual property rights.

● Participants agree that by uploading their “images” and/or stories, they grant permission to the Promoter to use the images or stories or any part thereof in all media for promotional / marketing purposes with no consideration payable to the participants.

DISPUTES

● In the event of a dispute, the decision of the competition judges is final and binding, and no correspondence will be entered into.

REJECTION AND FORFEITURE OF PRIZE

● If the winner/s fail/s to comply with any of these rules or the terms of acceptance of the prizes, or if they refuse to sign the Promoter/s winner/s declaration or the Promoter/s winner/s prize acceptance form, this will be construed as a rejection of the Prize and then, without prejudice to any other remedy which the Promoter/s may have, the Winner will be automatically disqualified and will forfeit the Prize.

27.RESTONIC POWER UP CAMPAIGN
1. This promotional competition is organised by Restonic (Pty) Ltd ("Restonic") and their promotional agency Offlimit Communication (Pty) Ltd which has been appointed by Restonic to run their promotional activities. This promotion also encompasses any of Restonic’s own retailers to which winners may be selected from.

2. In these rules, “Promoter” means a person who directly or indirectly promotes, sponsors, organises, or conducts the promotional competition, or for whose benefit the promotional competition is promoted, sponsored, organised, or conducted, which includes Restonic.

3. No director, member, partner, employee, agent of, or consultant to the Promoter or any other person who directly or indirectly controls or is controlled by the Promoter, their advertising agencies, or their spouses, life partners, parents, children, brothers, sisters, business partners or associates, may enter this promotional competition. This also applies to a person who is a supplier of goods or services in connection with this promotional competition.

4. All participants must be at least 18 years old at the time of entering the competition and must reside in South Africa, Namibia or Botswana, Lesotho or Eswatini. Each winner must be an employee of one of Restonic’s retailers at the time of the competition.

5. The Promoter reserves the right to vary, postpone, suspend, or cancel the competition, any aspect of the competition and anything related thereto, without notice at any time and for any reason whatsoever that the Promoter deems is reasonable at the time. Should the Promoter, law or any authority cancel this promotional competition, no notice of cancellation shall be required. In such event, all participants and winners waive any rights and acknowledge that they shall have no claim, of any nature whatsoever against the Promoter, its directors, agents, or employees because of the cancellation.

6. By entering the competition, participants agree and understand that they may win a prize, but there is no guarantee that they will win a prize.

7. To qualify for a competition entry, participants must sell any qualifying Restonic bed from any Restonic retailer (this includes, iDream, Greencoil and Restonic Beds). The participant must verify their sale by uploading their details and proof of client purchase to the competition website www.restonicsa.co.za or via the Restonic application or via the provided USSD line. Standard USSD rates will apply. Free minutes will not apply.

8. Entries to the draw can be earned as follows, based on total value of bed sales, inclusive of VAT:

• Value below R4500 = 1 entry

• Value above R4500 = 2 entries

• Value above R9500 = 3 entries

• Value above R15000 = 4 entries

• Value above R20 000 =5 entries

• Value above R25 000 = 6 entries

9. Prizes as allocated as per the below breakdown:

Week 1-9: 5 sales agents and 2 store managers winners per week of R5000 each (R315 000) Grand Prize draw: Overall top performing sales agent wins R75 000, and the store manager wins R25 000 2nd performer wins R40 000, and the store manager wins R12 000 3rd performer wins R25 000, and the store manager wins R8 000

10. By entering this competition, participants:

1. opt-in to direct marketing communication from the Promoter(s). Participants may unsubscribe from direct marketing at any time.

2. consent to the processing of their personal information by the Promotor(s) and its service providers, but only insofar that it is necessary to give effect to the competition, for example to view the entries, select a winner and deliver the prizes.

3. agree to the Promoter verifying their purchase before prizes are awarded; and 4. accept that, if they win a prize in the competition, the Promoter is required to retain their personal details relating to their names and identity numbers of a period of 3 (three) years.

11. The Promoter and its sponsors do not accept any responsibility for any entries or prizes that are lost, damaged, unusable, or delayed.

12. Winners will receive their prizes once their contact details are verified by the Promoter (Successful contact via supplied contact number will suffice as verification). 13. Winners will be sent their prize money via secure service no later than four weeks after being verified.

14. The Promoters will have final decision on if the winners receive their share of the prize money. 15. PRIZE DELIVERY:

Gift Cards will be delivered to the sales agent via a Restonic Brand Ambassador. The relevant sales agent will need to register their gift card. The gift card will only be loaded for use once FICA information has been verified at www.infica.co.za. Verification can take between 24 and 48 hours. This is a pin protected card. The prize money is loaded onto a Premium Imali Card, which can be used like a normal Bank/ATM Card. The Sales agent can either draw out the prize money or swipe at any retailer that accepts Mastercard to use the money as they wish. Winners will be responsible to declare their own tax obligations. If any taxes, levies, duties, or any charges whatsoever are levied on a prize by any competent authority, the winner will be liable for these, and the prize value will not be increased to compensate for such charges. This competition will commence on 1st August 2023 and end on 1st October 2023.

16. No late entries will be accepted.

17. The lucky draw winners will be randomly selected during the promotion at Offlimit Communication’s Head Office in Johannesburg. Top performance bonuses are awarded to the sales agents and their managers with the most amounts of sales entries.

18. The Promoter reserves the right to redraw these prizes at any time.

19. All winners will be announced on social media. Winners’ names and surnames will be posted weekly on Restonic South Africa’s Facebook and Instagram social media pages. By entering this competition, participants consent to their personal details (name and surname) being publicised on social media.

20. The winners will be notified via email or phone call should they win. If the Promoter is not able to contact a winner, or the winner does not provide the Promoter with relevant and correct information timeously, the prize will be forfeited, and a new winner will be re-drawn. The decision of the Promoter as to the winners is final and no correspondence will be entered into.

21. Participants can download a copy of the competition rules at any time on the competition website at www.restonicsa.co.za.

22. By accepting a prize or by entering this competition, participants hereby indemnify Restonic and its Promoter(s) against any damage or losses of any nature whatsoever that the participants may suffer because of this competition and the prizes, including consequential damages and economic loss.

23. Any participant in this competition shall be deemed to have accepted these Competition Rules upon entry into the competition and agrees to be bound by them. Failure to comply with these rules or the terms of acceptance of a prize by a winner will be deemed to be a rejection of the prize and the winners will then be disqualified from receiving the prize.

24. This competition is not organised, sponsored, endorsed, or promoted by Facebook, Instagram or any other social media that may be used to promote the campaign.

28. FREE DELIVERY WHEN YOU PURCHASE ONLINE ONLY ON ALL HOUSEWARE OVER R450
1. This promotional offer is subject to your acceptance of the Terms and Conditions set out herein.

2. This promotion is promoted by Russells a brand of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) (“the Promoter”).

3. Promotion Period: The promotional period will run while stocks lasts.

4. This offer is available online only at www.russells.co.za .

5. Russells reserves the right, in its sole discretion and to the extent permitted by law, to amend these Terms and Conditions, at any time.

6. How to qualify: Free delivery applies to online deliveries. Our free delivery promotion/option is only valid for orders of houseware products that are over a total of R450

7.1 Russells delivers within the borders of South Africa only.

7.2 Deliveries are door to door and must be a physical address within the borders of South Africa and not a Post Box We do not deliver to any postal addresses i.e. deliver to a post box or to any post offices. Please ensure all delivery details including the postal code are accurate, as you will be liable for all additional handling and shipping charges as a result of such errors. Please also ensure that someone is available to sign for and receive your goods at the time of delivery. It will be deemed that you as the purchaser assign without prejudice and without a proxy to a party other than yourself to sign for your goods at your specified and confirmed delivery address should you be or not be present at time of delivery.

7.3 You accept that Russells does not have to prove that you personally received the delivery of such goods. You agree that we would only be required to prove that someone not necessarily yourself signed for the goods at your specified and confirmed delivery address. Although we monitor every purchase order to ensure your package is delivered.

7.4 Should you have not received your delivery of goods after 24 hours of the expired delivery period you would need to contact us within a maximum of 48 hours. Should you fail to notify us of none delivery within the given period you agree that it would be deemed that you received the purchased goods.

7.5 Delivery of products purchase through the online store is subject to the geographical delivery framework as determined by our courier partner. Should your delivery address fall into one of these categories, you will be liable for any additional costs incurred in delivery, storage and or returning the parcel. (Category list as follows; plots, farms, mines, military bases, major chain stores, power stations, game reserves and lodges and harbors)

8. The Company assumes no liability whatsoever for any direct or indirect loss or damage arising from your participation in Offer or howsoever arising (whether arising from negligence or otherwise). All customers, whilst participating in this Offer, do not hold Russells accountable for any loss, damage, harm or injury (whether arising from negligence or otherwise) which may be sustained as a result of any claim, costs, expense, loss or damages which may be made by any third party.

29. WIN A GROCERY VOUCHER
1. This is a Competition offer (the “Offer”) as defined in the Consumer Protection Act no. 68 of 2008 (CPA), as amended from time to time.

2. These Terms and Conditions will govern the redemption of your Voucher from any Russells (the “Company”) or any Company to whom the Company has ceded the rights and obligations.

3. This Voucher (the “Prize”) is promoted by Russells, a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and with Russells, being a brand of JD Group (the “Promoter”). In association with Facebook as a third party of this Competition.

4. The Offer and redemption:

4.1. The Participant shall have 3 weeks, calculated from the day the Winner(s) is successfully contacted and announced to take up the Prize after which the offer to take up the Prize will expire. In addition, the Winner(s) shall have 36 months from the date of redemption to use the voucher.

4.2. If applicable, the Participant must produce proof of identification, proof of purchase and this Voucher Certificate on redemption.

4.3. If applicable, the redemption is subject to the successful verification of the article, which must be without any material alteration/s or modification/s to the article that is required to redeem the voucher.

4.4. This Offer is open to all South African Citizens and Residents above the age of 18, who are in possession of a valid identity document or passport.

4.5. Employees, agents or consultants of or any other person who directly or indirectly controls or is controlled by the Company in respect of this Offer or the spouses, life partners or immediate family members cannot redeem the Voucher.

4.6. If the Company has not strictly enforced these Terms and Conditions, the participant may not assume that the Terms and Conditions have been waived or altered by the Company. These Terms and Conditions will still apply and the Company has the right to enforce any of these Terms and Conditions.

5. By purchasing, redeeming or attempting to redeem a voucher, you accept and agree to be bound by these Voucher Terms and Conditions and acknowledge you have read and understood these Voucher Terms and Conditions.

6. This Voucher can be redeemed at any selected grocery store.

7. Vouchers are issued at the discretion of Russells, if the criteria is met and subject to stock availability.

8. Vouchers are non-refundable and cannot be exchanged for cash.

9. Vouchers may not be used in conjunction with any other reward, voucher or discount.

10. Vouchers are issued with specific Terms and Conditions that regulate how and when they can be used. For example, a voucher may only be redeemed for the purchasing of an item within approved chain stores during a specified period.

11. The use of a voucher may also be limited by the total discount value available to all users for the Competition of a specific voucher.

12. All vouchers are valid for a period of three years after the date on which it was issued, or at the end of a longer or extended period agreed by the supplier at any time.

13. Only one voucher can be used per purchase.

14. The onus is on the Winner(s) to check the full voucher Terms and Conditions issued with the voucher and to ensure they understand the voucher’s applications and limitations.

15. Any fraudulent or abusive behaviour, not limited to the creation of multiple Facebook accounts, in order to benefit unduly from a voucher, is abuse of the benefit and Russells reserves the right to deactivate a Participants account; to cancel and not to honour any related purchases.

16. Purchase authorisation will be declined if these Terms and Conditions are breached.

17. A voucher can be applied to any item, and the discount value of the voucher will be deducted from the total purchase price value of item/s. If the total value of your purchase exceeds the value of the voucher used, the balance is required to be paid by you.

18. If the full value of your voucher is not utilised on your first purchase, the balance will be remaining on your voucher and this can be used for future purchases provided the voucher is still within the validity period. Using part of the voucher will not change the original voucher validity period.

19. Any balance that remains on the voucher after the voucher validity period has ended will no longer be available for use.

20. Vouchers are no longer redeemable after the voucher validity period has ended.

21. Additional values cannot be added to existing vouchers.

22. In the event a purchase is cancelled by a Winner(s) after voucher redemption, the discounted voucher amount will not be reallocated or refunded and the voucher will be forfeited in its entirety.

23. Russells reserves the right to amend these Voucher Terms and Conditions at any time.

24. Changes to the Voucher Terms and Conditions will be available at www.russells.co.za. In this regard, the onus is on the Participant to visit the above-mentioned website regularly to check whether the Voucher Terms and Conditions have changed.

30. CONSUMER
1.The Promoter is Bravo Group Manufacturing (Pty) Ltd, Sleep Division, a division of Bravo Brands Pty (Ltd) (“the Promoter”).

2.The Bravo Group Manufacturing (Pty) Ltd, Sleep Division Competition (“the Competition”) – The Ultimate Challenge - will commence on 01 February 2024 and entries to the Competition will close on 30 April 2024 at 23h59. Any entries received after midnight on the last day will be invalid and will not be considered and are subject to government regulations.

3.The Competition is only open to natural persons above the age of 18 or if under the age of 18, with the consent of a parent/ guardian, residing in either the Republic of South Africa (“RSA”), Swaziland, Zambia, Zimbabwe, Namibia, Lesotho or Botswana, who are in possession of a valid identity document (“the Participant”), except directors, members, partners, employees, agents or consultants of or any other person who directly or indirectly controls or is controlled by the Promoter or marketing service providers in respect of the Competition, or their spouses, life partners, business partners or immediate family members.

4.By entering the Competition, the Participants accept these terms and conditions (“the Rules”) and agree to abide by them. A copy of the Rules will be displayed on each of the brand’s websites, physical in-store entry form and the official competition website www.joindreamteam.co.za. However, any Participant may request to be furnished with an electronic copy of the Rules at no cost by emailing such request to [email protected].

5.Participants stand a chance to win 1 (One) YOYO voucher or the equivalent currency at the time of payment (the “Prize/s”), when participating in the Ultimate Challenge game online. The value of the cash Prize varies from R0 to R2500.00 (Two Thousand Five Hundred Rand). If the winner resides outside of RSA, the winner will receive a voucher equivalent to the amount won on the gaming portal from a retailer of their choice.

6.To enter the Competition, Participants must purchase any Bravo Brands Sleep Products bed or bed set, hereinafter referred to as BBSD bed or bed set (“Qualifying Products”) and register their purchase, by:

6.1. completing their name, store name, branch name, invoice number and product purchased on the entry form on one of the following applicable websites:

8. Entries to the draw can be earned as follows, based on total value of bed sales, inclusive of VAT:

6.1.1.https://www.sealy.co.za;

6.1.2.https://www.slumberland.co.za;;

6.1.3.https://www.edblo.co.za; and

6.1.4.https://kingkoil.co.za.

6.2 The winner will be contacted within 48 hours of playing the game if a value of over R1.00 (One Rand) has been won.

7.Entries are unlimited and Participants will receive an entry into the Competition every time the Participant purchases a BBSD bed or bed set and registers on the applicable websites. The Promoter reserves the right to exchange the Prize for another of equal or greater value, should the circumstances require this.

8. To the extent that any taxes, duties, levies or other charges may be levied on a Prize by the government or any other competent government or regulatory body, the winner will be liable therefore, and the Promoter will not increase the value of the Prize/s to compensate for such charges

9. It is also the responsibility of all Participants to retain their cash register slip as proof of purchase of any one of the above-mentioned Qualifying Products. If a Participant cannot produce the cash register slip upon demand, such Participant will be automatically disqualified from the Competition and will forfeit the Prize. In the event that the Participant made the purchase with his/her credit/ debit card, then a statement from the Participant’s respective bank, reflecting the purchase, shall be accepted as proof of purchase.

10. An independent 3rd party will capture, monitor, verify and certify the draws and, except in so far as is provided for in the Consumer Protection Act 68 of 2008 (“CPA”), his/her decision will be final and no correspondence will be entered into in this regard

11. The winner may only claim 1 (One)Prize. The winner may not have previously won a Promoter’s competition more than once in a 90-day period. Any winner drawn who have won in the last 90 days will be disqualified from the Competition and another winner will be drawn

3rd performer wins R25 000, and the store manager wins R8 000

10. By entering this competition, participants:

12. The Promoter will use reasonable effort to contact the winner telephonically/via email. Should the winner not be able to comply with the Promoter’s requirements or if after any and all reasonable steps are taken in order to contact the winner, the winner cannot be contacted within a reasonable period of time, the winner’s right to the Prize will be deemed to have been waived and the Prize will be forfeited. The Promoter reserves the right to award the Prize to the next randomly drawn Participant.

13. It is the Participant’s responsibility to ensure that of all information provided by or on behalf of the Participant to the Promoters are accurate, complete and up-to-date at all times. The Promoter may refuse to award the Prize if the entry procedures or these Rules have not been adhered to or if it detects any irregularities or fraudulent practices. Any violation or attempt to violate any of the above Rules will result in the immediate disqualification of the Participant.

14. The Participant or winner, by entering the Competition and furnishing the Promoter with the requested personal information, consents to the Promoter utilising and processing his/her personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) in order to process the Participant’s entry as stated herein as well as for any marketing and future promotions, if opted in.

15. Any personal information relating to the winner or an entrant will be used solely in accordance with the CPA and POPIA and will not be disclosed to a third party without the Participant’s prior consent.

16. By participating in the Competition, you consent to the sharing your personal information between the Promoter’s divisions and its affiliates including holding and subsidiary companies, which will adhere to POPIA in the processing of such personal information.

17. By posting any content, images, or comments on any of the Promoter’s public and/or social media platform or by sending any such content to the Promoter, a Participant consents to and gives the Promoter a world-wide royalty free licence to reproduce, modify, adapt and publish such content, images or comments for the purposes of promoting the Promoter’s products and/or services.

18. The winner will be required to sign an acknowledgement of receipt of prize and may be requested to be photographed and/or identified in any media, which is inclusive of but not limited to television, radio, print publications and online sites in which the Competition receives exposure and for future marketing initiatives with the understanding that the winner may decline such an invitation.

19. If the winner fails to comply with any of these rules or the terms of acceptance of the Prize, or if they refuse to sign the Promoter’s winner’s declaration or the Promoter’s winner’s prize acceptance form, this will be construed as a rejection of the Prize and then, without prejudice to any other remedy which the Promoter may have, the winner will be automatically disqualified and will forfeit the Prize.

20. Participants enter the Competition entirely at their own risk. The Promoter and its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, any participating Bravo Brands store and/or its subsidiaries cannot be held responsible or liable for any accident, injury, harm or loss suffered by any person or entity as a direct or indirect result of entering the Competition or suffered as a direct or indirect result of the utilisation in any way whatsoever of the Prize won in terms of the Competition.

21.Participants hereby agree to release and indemnify the Promoter and its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and subsidiaries and hold it harmless against any and all losses, harm, damages, rights, claims and actions of any kind in connection with the Competition, promotion or special offer or resulting from the participation in the Competition or acceptance, possession, use or receiving of any Prize relating to the Competition, including, without limitation, personal injuries, death and property damage, and claims based on publicity rights, defamation or invasion of privacy.

22. The Prize is non-transferable and all winner/s will have to claim their Prize within 30 days of the draw having taken place and at that time identify themselves with a valid identification document, proof of purchase and bank account confirmation letter or bank statement. The Prize will be paid via EFT (electronic funds transfer) into the winner’s nominated bank account, whereafter the Promoter shall have no further liability in respect of the Prize. Failure to claim the Prize or a refusal or inability to comply herewith will disqualify the winner and a new winner will be drawn in their place at the sole discretion of the Promoter.

23.Competition artwork is for illustrative purposes only. This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other social media platform that may be used as an intermediary. The Promoter and its affiliates and service providers, are not responsible for:

23.1. incorrect and inaccurate transcription of entry information;

23.2. technical malfunction;

23.3. inappropriate images and comments posted by the entry or by the public;

23.4. lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network or computer equipment or software; and/or

23.5. the inability to access any website or online services or any other error.

24. The Promoter reserves the right to amend, postpone, suspend, extend the Competition Rules if such amendment is necessary from a practical or fairness point of view. With due notice to the relevant authority, if required, the Promoter shall have the right to terminate the Competition immediately and without notice to the Participant notice for any reason beyond its control requiring this. In the event of such termination, all participants agree to waive any rights that they may have in terms of this Competition and acknowledge that they will have no recourse against the Promoter, its agents and staff.

25.In order to be eligible to win a Prize, the Participant must not have issued dishonoured cheques, or have overdue payments due to the Promoter or affiliates at the time of the Competition draw. Only BBSD bed or bed set purchases paid in full will be eligible for entry into the Competition. If a Participant purchases by way of lay-by contracts, the outstanding amount must be fully paid at the time of the applicable draw. Should the Participant have returned the BBSD bed or bed set for a refund before the collection of the Prize, the Participant will forfeit the Prize and a new winner will be automatically drawn.

26. The above Rules are severable. This means that if any one rule is found to be unlawful, it will be removed and the remaining Rules will still apply.

31. Win an Orion 50 Inch UHD LED TV
1. This competition is promoted by Russells,a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07), and Connect Financial Solutions (Pty) Ltd (Reg No.2018/431596/07)(NCRCP11158) and JD Consumer Electronics and Appliances (Pty) Ltd (Reg No. 1963/002315/07(NCRCP13549) and with Russells being a brand of the JD Group (the “Promoter”).

2. This Competition shall be conducted in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008 (“CPA”) and subject to the CPA and the National Credit Act No. 34 of 2005 (“NCA”) and Electronic Communications and Transactions Act No.25 of 2002 (ECTA”)

3. These Terms and Conditions should be read together with the online terms and conditions displayed on www.russells.co.za

4. Competition Periodxd

The Competition runs from 22 January 2024 until 11 February 2024, both dates inclusive. (the “Competition Period”). No entries will be accepted after midnight on 20 December 2023.

5. Who Can Enter (the “Participant”)

You are entitled to participate in this Competition if you are a natural person, 18 (eighteen) years or older, who is either a South African Citizen or Resident and in possession of valid identification documents and a valid TV licence. The Promoter reserves the right, at any time, to verify the validity of a Participant (including but not limited to a participant’s identity and age) and to reject any Participant who has not complied with these terms and conditions. Errors and omissions may be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

6. Exclusions

Directors, members, employees, agents of, or consultants to the Promoter and its subsidiaries, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this Competition, or if you are any of the aforementioned persons' immediate family, including spouses, life partners, parents, children and siblings, are excluded from being entered into this Competition.

7. How to Enter A Participant must:

7.1. Purchase any product from the value of R2999.00 on credit or cash in store or online during the Competition Period; and

7.2. Stand a chance to win one TV’S (the” Prize”) as per clause 10.

7.3. The credit applications are subject to an affordability assessment as is required by the NCA and its Regulations.

8. Number of Entries per Participant

One entry per person

9. Entry Fee

There is no entry fee to Participate in the Competition, save for clause 7.

10. The Prize
SKU Price PRIZE VALUE DRAW DATES
10282826 Orion 50-Inch UHD LED TV-OLED50UHD R5,499.00 19 February 2024
11. Draw Details and Winner’s Rights and Obligations

11.1. The Winner will be chosen randomly under the supervision of an independent accountant, registered auditor or attorney.

11.2. The random entry drawn will be independently audited by an independent accountant, registered auditor or attorney to establish whether it meets the Competition qualifying criteria and if so that the Participant will be the Winner (subject to the Promoter being able to contact the Winner). If the qualifying criteria are not met, further random draws will take place until a randomly selected valid entry meets the eligibility criteria.

11.3. Should the Competition draw be postponed, only the Promoter has the discretion to elect a new date which will be published on www.russells.co.za within 4 (four) days after the original draw date.

11.4. The Winner(s) will be notified within 48 (forty-eight) hours of the random draw taking place. The Promoter will attempt to contact the Winner(s) at least 3 (three) times, but if the Promoter is unable to contact the Winner(s) within 2 (two) days after the third attempt, through no fault of the Promoter, the Prize will be awarded to the next eligible Winner(s). The Winner(s) will also be announced on the Promoter’s web page only once the Promoter has made successful contact with the Winner(s).

11.5. If the Winner(s) is unable to attend, receive or utilize the prize or is uncontactable during the stipulated period, the entire prize will be forfeited at the discretion of the Promoter.

11.6. The Winner(s) may be asked to consent to participate in marketing activities, including having his/her photograph taken and published on the Promoter’s website or other media.

11.7. The Prize is exclusively for the benefit of the Winner(s) and is neither transferable nor exchangeable for cash or otherwise. The Prize must be taken up within 3 (three) weeks after the Winner(s) has been contacted and announced.

11.8. The Winner(s) will be required to complete a declaration acknowledging receipt of the price and that he/she is not connected to the Promoter as stipulated in clause 6 above.

11.9. By entering into the Competition, a Participant has the discretion to consent to the Promoter sending marketing material during and after this Competition and voluntarily provides their personal information in accordance with the Protection of Personal Information Act (“POPIA”) to the Promoter, its associated agencies and third party service providers running the Competition in conjunction with the Promoter. You can view our External Privacy Statement at External Privacy Statement__FINAL_2021.05_08112021 (Published) .

11.10. The Winner(s) agrees that upon winning the Prize, no further prizes in any competitions or give-away or similar campaign of Promoter or JD Group of which the Promoter forms part, will be awarded to the Winner for a period of 3 (three) months, irrespective of whether the Winner(s) has entered or qualified prior to or after the date on which the Prize was awarded to the Winner.

11.11. By participating in this Competition, a Participant agrees to all the Competition Rules set out above, without exception.

12. General

12.1. The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without prior notice or liability. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Competition agree that the Promoter will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in this Competition.

12.2. The laws of the Republic of South Africa govern this Competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Competition Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing Participant from the Competition.

12.3. The Promoters decision is final, and no correspondence will be entered into.

12.4. The right of a Participant to any benefit or right conferred as a result of participating in the Competition will only be fully vested when the Winner has been duly contacted.

12.5. A copy of these Competition Rules is available at www.russells.co.za

32. CFS Pre Qualified Customer Credit Application Completion Lucky Draw Competition
1. This Competition is promoted by JD Group, a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) (“the Company”) and with Russells, Bradlows, Rochester and Sleepmasters being brands of JD Group (“the Promoter”). www.russells.co.za www.bradlows.co.za www.rochester.co.za www.sleepmasters.co.za

This promotion is sponsored by Connect Financial Services (Pty) Ltd (Reg No.2018/431596/07), a registered Credit Provider (NCRCP11158) (“Third Party”).

This Promotion is conducted in accordance with the relevant provisions of the Consumer Protection Act No. 68 of 2008 (“CPA”), National Credit Act No 34 of 2005 (“NCA”) and be read with the online Terms and Conditions (hereafter “Ts & Cs”) displayed on the respective stores mentioned above.

2. Promotion Period

2.1. The Promotion runs from the 1 April 2024 08h00 until the 31 July 2024 23h59 both dates inclusive, (the “Competition Period”). No entries will be accepted after midnight on 31 July 2024.

2.2. The Company reserves the right, in its sole discretion and to the extent permitted by law, to amend these Ts & Cs, at any time.

2.3. The Prize is not transferable, convertible to cash nor can it be substituted in any manner except as permitted by law.

3. How to qualify The Participant must have:

3.1. Visited in store, the online webpage and/ or sms to see if the participant qualifies for a credit agreement.

3.2. Applied for a new credit agreement in store and be approved by the Third Party, in the participant’s capacity during the Competition period.

3.3. Paid the first instalment during the Competition period.

3.4. Thereafter, the Participant will automatically be entered into the Competition.

3.5. The Participants account must be up to date at the time of the draw.

3.6. These Ts and Cs do not negate the Participants’ obligations to continue making the required payments nor replace the Ts & Cs of the Credit Agreement.

4. Number of Entries per Participant

One entry for approved new credit agreement per person for the Competition Period.

5. Entry Fee

There is no entry fee to participate in the Competition save for clause 3 above.

6. The Prize

The Winners will stand a chance to win:

One (1) Winner will be selected, the Winner will receive a R3000.00 Voucher Gift Card (the “Prize”).

The Prize must be used to purchase item(s) from the specific brand that issued the Prize and cannot be used to buy from any other brand.

7. Exclusions

7.1. Directors, members, employees, agents of, or consultants to the Promoter and its subsidiaries, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this Competition, or if you are any of the aforementioned persons' immediate family, including spouses, life partners, parents, children and siblings, are excluded from being entered into this Promotion.

8. Winning Draw Details and Winner’s Rights and Obligations

8.1. The Winner(s) will be chosen randomly under the supervision of an independent accountant, registered auditor or attorney.

8.2. The random entry drawn will be independently audited by an independent accountant, registered auditor or attorney to establish whether it meets the Competition qualifying criteria and if so that the Participant will be the Winner (subject to the Promoter being able to contact the Winner). If the qualifying criteria are not met further random draws will take place until a randomly selected valid entry meets the eligibility criteria .

8.3. The draw will take place on 10 August 2024. In addition, the winner will be posted on the respective store webpage and notified via a phone by someone from head office.

8.4. Should the Competition draw be postponed, only the Promoter has the discretion to elect a new date which will be published on the respective stores’ website within 4 (four) days after the original draw date.

8.5. The Winner will be notified within 48 (forty-eight) hours of the random draw taking place.The Promoter will attempt to contact the Winner(s) at least 3 (three) times, but if the Promoter is unable to contact Winner within 2 (two) days after the third attempt, through no fault of the Promoter, the Prize will be awarded to the next eligible Winner. The Winner(s) may also be announced on the Promoter’s Facebook page or webpage only once the Promoter has made successful contact with the Winner(s).

8.6. If the Winner(s) is unable to attend, receive or utilize the Prize or is uncontactable during the stipulated period, the entire Prize shall be forfeited at the discretion of the Promoter.

8.7. The Winner(s) have the discretion to consent to participate in marketing activities, including having their photograph taken or name published on the Promoter’s website or other media.

8.8. The Prize is exclusively for the benefit of the respective Winner(s) and is neither transferable nor exchangeable for cash or otherwise.

8.9. The respective Winner(s) will be required to complete a declaration acknowledging receipt of the Prize and that he/she is not connected to the Promoter as stipulated in clause 7 above.

8.10. By entering into the Competition, a Participant has the discretion to consent to the Promoter sending marketing material during and after this Competition and voluntarily provides their personal information in accordance with the Protection of Personal Information Act (“POPIA”) to the Promoter, its associated agencies and the third party service providers running the Competition in conjunction with the Promoter. You can view our External Privacy Statement at https://www.pepkor.co.za/wp-content/uploads/2021/04/Privacy-Statement.pdf/.

8.11.The Winner(s) agree that upon winning the Prize, no further Prizes in any Competitions or give-away or similar campaign of Promoter or JD Group of which the Promoter forms part, will be awarded to the Winner(s) for a period of 3 (three) months, irrespective of whether the Winner(s) have entered or qualified prior to or after the date on which the Prize was awarded to the Winner(s).

8.12. By participating in this Competition, a Participant agrees to all the Competition Rules set out above, without exception.

9. General

9.1. The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without prior notice or liability. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Promotion agree that the Promoter will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in this Competition.

9.2. The laws of the Republic of South Africa govern this Competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Competition Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing Participant from the Competition.

9.3. The Promoters decision is final, and no correspondence will be entered into.

9.4. The right of a Participant to any benefit or right conferred as a result of participating in the Competition will only be fully vested when the Winner(s) have been duly contacted.

9.5. A copy of these Competition Rules is available on the websites of the respective stores mentioned in clause 1 above.

33. Pre Qualify Customer Gift Card Competition
1. This is a Competition (the “Offer”) as defined in the Consumer Protection Act no. 68 of 2008 (“CPA”), as amended from time to time.

2. These Terms and Conditions will govern the redemption of your Voucher from any Bradlows, Russells, Rochester and Sleepmasters (the “Company”) or any Company to whom the Company has ceded the rights and obligations.

3. This Voucher Gift Card (the “Prize”) is promoted by Bradlows, Russells, Rochester and Sleepmasters, brands of JD Consumer Electronics and Appliances (Pty) Ltd (Reg No. 1963/002315/07), a subsidiary of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and withBradlows, Russells, Rochester and Sleepmasters, being a brand of JD Group (the “Promoter”). In association with Connect Financial Solutions (Pty) Ltd (Reg No.2018/431596/07)(NCRCP11158) as a third party of this Competition.

4. The Offer and redemption:

4.1. The Participant shall have until 30 August 2024, calculated from the day the Winner is successfully contacted and announced to take up the Prize, after which the offer to take up the Prize will expire. In addition, the winner shall have 36 months from the date of redemption to use the Prize.

4.2. Where applicable, the Participant must produce proof of identification, proof of purchase and this Voucher Certificate on redemption.

4.3. Where applicable, the redemption is subject to the successful verification of the article, which must be without any material alteration/s or modification/s to the article that is required to redeem the Prize.

4.4. This Offer is open to all South African Citizens or Residents, 18 years or older, who are in possession of valid identification documents and subject to the Competition terms and conditions.

4.5. Employees, agents or consultants of or any other person who directly or indirectly controls or is controlled by the Company in respect of this Offer or the spouses, life partners or immediate family members cannot redeem the Voucher.

4.6. If the Company has not strictly enforced these Terms and Conditions, the participant may not assume the Terms and Conditions have been waived or altered by the Company. These Terms and Conditions will still apply and the Company has the right to enforce any of these Terms and Conditions.

5. By purchasing, redeeming or attempting to redeem a voucher, you accept and agree to be bound by these Voucher Terms and Conditions and acknowledge you have read and understood these Voucher Terms and Conditions.

6. This Prize can be redeemed online at Bradlows, Russells, Rochester and Sleepmasters and in-store.

7. This Prize is issued at the discretion of Bradlows, Russells, Rochester and Sleepmasters if the criteria is met and subject to stock availability.

8. Vouchers are non-refundable and cannot be exchanged for cash.

9. Vouchers may not be used in conjunction with any other reward, voucher or discount.

10. Vouchers are issued with specific Terms and Conditions that regulate how and when they can be used. For example, a voucher may only be redeemed for the purchasing of an item within approved chain stores during a specified period.

11. The use of a voucher may also be limited by the total discount value available to all users for the Competition of a specific voucher. For example, R5000 worth of discounts at a discount of R200 per purchase.

12. All vouchers are valid for a period of three years after the date on which it was issued, or at the end of a longer or extended period agreed by the supplier at any time.

13. Only one voucher can be used per purchase.

14. The onus is on the Winner to check the full voucher Terms and Conditions issued with the voucher and to ensure they understand the voucher’s applications and limitations.

15. Any fraudulent or abusive behaviour, not limited to the creation of multiple Bradlows, Russells, Rochester and Sleepmasters accounts, in order to benefit unduly from a voucher, is abuse of the benefit and Bradlows, Russells, Rochester and Sleepmasters reserves the right to deactivate a customer’s account; to cancel and not to honour any related purchases.

16. Purchase authorisation will be declined if these Terms and Conditions are breached.

17. A voucher can be applied to any item, and the discount value of the voucher will be deducted from the total purchase price value of item/s. If the total value of your purchase exceeds the value of the voucher used, the balance is required to be paid by you.

18. If the full value of your voucher is not utilised on your first purchase, the balance will be remaining on your voucher and this can be used for future purchases provided the voucher is still within the validity period. Using part of the voucher will not change the original voucher validity period.

19. Any balance that remains on the voucher after the voucher validity period has ended will no longer be available for use.

20. Vouchers are no longer redeemable after the voucher validity period has ended.

21. Additional values cannot be added to existing vouchers.

22. In the event a purchase is cancelled by the Winner after voucher redemption, the discounted voucher amount will not be reallocated or refunded and the voucher will be forfeited in its entirety.

23. Bradlows, Russells, Rochester and Sleepmasters reserves the right to amend these Voucher Terms and Conditions at any time.

24. Changes to the Voucher Terms and Conditions will be available at Bradlows, Russells, Rochester and Sleepmasters. In this regard the onus is on the Participant to visit the above-mentioned website regularly to check whether the Voucher Terms and Conditions have changed.

  • 1. INTRODUCTION

    Russells is a brand trading within Pepkor Trading (Pty) Ltd, registration number 1958/003362/07.

    These terms govern your use of our website.  Access to the services, content and downloads available on the Russells website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002(ECT Act)

    1.1. The Russells website is provided as a convenience to you. In order to use the Russells website for services including but not limited to on-line shopping, browsing, product information, store locations, subscribing as a user, viewing and managing your account and orders, etc. you may be required to provide your personal information.

    1.2. We reserve the right to make changes to the documents and/or other materials contained on this website from time to time without notice. This right also applies to these terms and conditions. Russells will post the revised terms on the website. You may use the Russells website for your own personal non-commercial use and not for republication, distribution, sale or other use.

    1.3. If there is a conflict of meaning between these website terms of use and any other terms, policies or notices, the specific terms, policies or notices will take preference where it applies to your use of the Russells website.

    1.4. The Terms constitutes the entire agreement between the parties. If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the terms will be effective.

    1.5. Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The terms will be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law. By you ticking the “I confirm I have read and understand the Terms & Conditions applied to the use of this website” box forms a legally binding agreement between you and Russells.

  • 2. DEFINITIONS

    In the Russells website terms of use:

    1.1.   “terms” mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and Russells;

    1.2. “we” or “us” or “Russells” means Russells whichever one applies;

    1.3. “website” means www.russells.co.za;

    1.4. “Russells website” means www.russells.co.za;

    1.5. “you” or “user” means any person who visits, accesses or uses the website.

  • 3. REGISTRATION AND USE OF THE WEBSITE

    As a user, Russells grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions.  Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website.  You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your personal review from the website or purchasing goods or services from the website.  You may only use the website if in terms of South African law you have the legal capacity to enter into an agreement.  You may only link to the website by linking to the home page of the website.

    3.1 You, the customer, hereby agree and acknowledge that:

    3.1.1  You will at all times comply with the requirements of the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and/or any other applicable legislation (to the extent that it is relevant to the customer for the receiving, compiling and reporting of information. Without limiting the generality of a foregoing, the Customer specifically acknowledges and agrees   that, when reporting Personal and other information to Russells;

    3.1.2  Such information will include all mandatory data;

    3.1.3 You will have taken all reasonable steps to ensure that the information being submitted is accurate, up-to-date, relevant, complete and valid when submitting such information;

    3.1.4  You are entitled to submit the information to Russells, for the purpose of Russells making such information available to its associated partners, for the purpose of rendering the services offered, and that such information is not subject to a duty of confidentiality between Russells and the customer.

    3.1.5 As a Visitor or User, you agree that we may electronically accumulate, keep and use the following of your information:

    3.1.6 Internet usage information, including your Internet Protocol (“IP”) address, click patterns, browsing habits, version of software installed, system resolutions and type, plug-ins, color capabilities, cookie preferences, language settings, search engine metawords(keywords), JavaScript enablement, unique user ID, the pages and content that you access on the Platform/Website and the dates and times that you visit the Website, paths taken, and time spent on pages/sites within the Website (“Usage Details”); and

    3.1.7 Additional information you may provide on a voluntarily, such as demographic information or data related to your favorite social networking site (e.g. the site name, address and description(s)), or information relating to your participation in Russells competitions, promotions, studies, reviews and surveys, as well as    additional services.  (“Optional Details”).

    3.1.8 Details submitted, when registering or transacting, for the purpose of using the services on the Russells website.  Optional Details may be submitted by you to us if you decide to upload or download certain content (or products) from the Website/Platform, enter competitions, partake in promotions, respond to reviews/surveys, subscribe to or register for specific additional services; or else use any of the optional features and functionality of the Website/Platform.

    3.1.9 “Cookies” Information: When you access the Website/Platform, we may send one or more cookies (these are small text files containing a string of alphanumeric characters) to your computer to collect certain Usage Details. Russells may use both session cookies (which disappears after you close your browser) and persistent cookies (which remain after you close your browser which can be removed manually) and may be used by your browser on subsequent visits to the Website/Platform. Please note the use of cookies is a norm/standard on the internet and many major websites use them. Please refer to your web browser “Help” file to learn more about changing your cookie settings.

    3.1.10 when you access the Website/Platform or open one of our HTML emails, certain Usage Details may be automatically collected and recorded by us from your system by using different types of tracking technology.

    3.1.11 Our Website may contain electronic image requests (called a “single-pixel gif” or “web    beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically; 1by1 pixel files,  (very small unnoticeable files), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also insert web beacons in HTML-formatted newsletters, which we send to “opt-in” subscribers in order to count how many newsletters have been read. Russells web beacons do not gather, monitor or share any personally identifiable information about our Customers.  They are just the technique we use to compile anonymous information about the Website and Service.

    3.1.12 Russells may use any Optional Details provided by you, for such purposes as indicated to you at the time you agree to provide such Optional Details.

    3.2 We may use your Usage Details to:

    3.2.1 Automatically validate and/or verify your identity; for website and transaction security purposes via Russells or via a third party service provider;

    3.2.2 Automatically provide you with the latest version of the Russells application on your system;

    3.2.3 Remember your information so that you will not have to re-enter it during your visit or the next time you access the Website/Platform;

    3.2.4 Monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and

    3.2.5 Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website/Platform.

    3.2.6 Russells shall take all reasonable steps to protect the personal information of the Users and for this purpose, “personal information/personal details”; shall be defined as contained and detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

    3.2.7 If you are a Russells website users, you agree that we may also electronically gather, save and use the following of your information:

    3.2.8 Name and surname, birth date, gender, identity number and /or passport number, nationality and country of residence (“Personal Information/Details”);

    3.2.9 E-mail address, mobile number, home and delivery address and credit card billing address (“Contact Details“);

    3.2.10 the credit or debit card number, cardholder name and expiration date you submit to Russells website in respect of your credit or debit card(s), (Credit or debit cards)

    3.3 Russells Website Users collects the aforesaid information from you in the following manner:

    3.3.1 User-provided Information: Your Personal Information/Details, Contact Details and Debit or Credit Card Details will be provided by you directly to us during your registration as a Russells website user and/or thereafter by you actively transacting, updating or supplementing such details in your Russells website users Account.

    3.3.2 Russells uses the information that Russells website users provide (or that we collect) to operate, validate, verify, maintain, enhance and provide all of the features of the Services, and as may be necessary to comply legally when conducting online payment transactions and related service provided.

    3.3.3 We use your Debit or Credit Card Details in order to provide the Services (including the verification thereof when you transact with Russells) and, should fees be charged for some of the Services and you have selected a credit or debit card as your means of payment therefor, to debit such credit or debit card for such fees owed by you.  We use your Personal Information/Details to greet you when you access your Russells User Account, to manage and administer your use of the Services and fulfill our contractual obligations, including the verification of your identity when you transact with Russells.

    3.3.4 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Service(s) (e.g. notifications regarding major updates or content you have posted or downloaded from the Website/Platform, customer service notifications, and to address any copyright infringement or defamation issues); as well as to inform   you, subject to obtaining your prior agreement, of competitions, promotions and special offers form us and/or any of our partners and/or affiliates.

    3.3.5   Any user, who commits any of the offence detailed in section 85 to 88 of the ECT Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting loss or damage suffered and/or incurred by Russells and its partners/affiliates.

    3.4 You may not:

    3.4.1 Provide any untrue or incorrect information to the website or Russells;

    3.4.2 Modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;

    3.4.3 Lease, sell, assign or in any other way distribute the website or any information obtained from the website without the prior written consent of Russells;

    3.4.4 Use malicious search technology, including but not limited to spiders and crawlers;

    3.4.5 Frame any pages of the website;

    3.4.6 Deep link to any pages of the website in a way to suggest that you are the owner or license of any intellectual property in the website.

    3.4.7 Use the interactive sections of the website, for instance forums, clubs, surveys and e-   mailing, to post any material which in Russells discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. Russells does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and/or articles, at your sole risk and responsibility. Russells is not responsible or liable for damages or other adverse consequences caused by the use of the submissions.

    In line with the Film and Publications Board Act 3 of 2009 (FPB) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of eighteen (18) and Russells will not knowingly collect information from users in this age group.

    No transaction concluded between Russells and a person under the age of 18 shall be binding upon Russells unless written consent thereto is received by Russells from your parent or legal guardian. Russells therefore reserves its right to request proof of identity prior to concluding any transaction with you. By your continued use of this website, you warrant that you are 18 years old or older.

  • 4. CONCLUSION OF SALES AND AVAILABILITY OF STOCK

    1. 4.1.

      1.1.   A sales order will only be deemed as completed once you have completed the purchase cycle, an approved payment/order confirmation is received and delivery has taken place. We will confirm your purchase order with you via your specified email. By you placing a product into your shopping cart or adding a product to a wish-list does not constitute a sale nor is such products, its price nor its quantities reserved. In the event that you complete the purchase cycle for such products at a later stage Russells cannot be liable to honor any Price changes or if such products are not available.

      1.2.   Russells shall use reasonable endeavors to make the advertised stock available at the displayed price, for the period specified. To the extent of the expressed stock limitation (or availability) Russells shall supply the consumer with the same or equivalent stock as an alternative to the advertised stock, in the event of running out of stock on the expressed stock limits. (Russells may limit the quantity of sale goods per consumer.)  Russells strives to ensure that we minimise out of stock situations.  Russells will take all reasonable means to make your purchased product available at that price or alternatively we will advise on an equivalent product option as an alternative in this unfortunate occurrence of running out of stock. We will notify you of any delivery delays should we need to source a product. 

  • 5. RETURNS/REFUNDS AND WARRANTY

    Refunds are deposited directly into your credit card or bank account. This process may take up to 30 working days. Refunds processing time frame will only be commenced from time of goods received.

    5.1 Return of Goods

    Goods may only be returned in terms of the Consumer Protection Act, Act 68 of 2008 (hereinafter referred to as “the CPA”). If you are entitled in law to return goods, then and in line with the CPA a handling fee of up to 15% of the value of the goods may be charged when the product/packaging is not returned in its original purchase condition.

    5.1.1     Non-returnable/ non-refundable items:

    5.1.1.1  Delivery and or installation costs

    5.1.1.2  Pre-paid cards

    5.1.1.3  Digital content

    5.1.1.4  Any damaged or abused items

    5.1.1.5  Computer and gaming software, speakers, CD's, DVD's and Bluray discs unless it is found that the goods were defective at the time of purchase

    5.2  Under no circumstances will we accept goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase and subsequently changed his/her mind about the goods, the goods have been damaged due to the consumer's negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer's instructions and/or have been subjected to misuse or abuse.

    5.3 We sell goods for domestic purposes only and for the purpose for which they were manufactured. Normal wear and tear will also be excluded. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will assess the goods to determine the reason for the defect in the goods.

    5.4 Subject to these terms, all goods carry an implied warranty in accordance with the Consumer Protection Act 68 of 2008 ("CPA") which gives the consumer the right to return the unsafe and defective goods in terms of section 20 read together with section 56 of the CPA. Our goods also carry a manufacturers' warranty where applicable, which will run concurrently with any warranty in terms of the law. The implied warranty on goods supplied places an obligation on Russells to accept the return of unsafe or defective goods within six months of delivery, in the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA. Furthermore, the consumer has a right to return goods to Russells if:

    5.4.1 The consumer finds within 10 days that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);

    5.4.2 The consumer did not have a chance to examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and

    5.4.3 The consumer has refused delivery of any of those goods, because they were mixed with items that were not ordered, as contemplated in section 19(8).

     

    5.5 You are entitled to cancel any sale concluded on this Website (online sales) within 7 days after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date).

    5.6 In the unfortunate event that your purchased goods become faulty/ defective, you may opt to have it taken to any Russells store. You will be entitled to the following option of as per the CPA (after goods has been inspected and assessed):

    5.6.1 Have such goods repaired

    5.6.2 Have goods replaced

    5.6.3 Be refunded the price paid

    5.7 In the event that the goods are found to be not faulty, you will be liable for all handling and shipping charges; for the collection and the re-delivery of the product to you. You will be liable if the goods are damaged or faulty as a result of misuse, abuse or negligence.

    5.8 The warranty does not cover any defects caused by foreign objects /connection errors that are not part of the appliance, including but not limited to;

    5.8.1 Use other than domestic use by the customer or his/her immediate resident family at the declared addresses appearing on the front of this document;

    5.8.2 Failure by the customer or any other person to comply with the manufacturers’ instructions for installation, maintenance or use;

    5.8.3 The use of accessories which have not been approved by the manufacturer;

    5.8.4 The application and/or use of any incorrect or abnormal electrical or water supply to the appliance;

    5.8.5 Any defect in wiring, electrical connections or plumbing which does not form part of the appliance at the time of the original purchase;

    5.8.6 The presence in the appliance of objects which the appliance is not intended to cope with, such as hairpins, coins and buttons in washing machines, hot food in fridges and chewing gum and wax crayons in tumble dryers;

    5.8.7 Neglect, misuse, or willful abuse of the appliance;

    5.8.8 Anything related to the appearance of the appliance which does not in Russells sole opinion prevent the appliance from working adequately: this includes but is not limited to cosmetic and manufacturers’ defects such as: discoloring of any part of the appliance, paint peeling off, cracked or broken handles, plates, hinges, wheels, panels, shelves or any portion of the product which is glass;

    5.8.9 Rust or the effects of rust;

    5.8.10 Repairs or attempted repairs of the appliance by any person other than Russells or its authorized repairers;

    5.8.11 Any modification of the appliance by any person other than Russells or its authorized repairers;

    5.8.12 Parts or items of the appliance which are expected to wear out before the extended warranty period expires, including but not limited to, batteries, filters, disposable bags, rubber or plastic hose pipes, drive or fan belts, fuses and/or light bulbs cartridges, toners or ribbons;

    5.8.13 Fire, food, war, civil disturbance, industrial action, acts of God or any other causes beyond the reasonable control of the Russells;

    5.8.14 Any defect arising out of the design of the appliance;

    5.8.15 Any defect caused by lightning strike or power surges;

    5.8.16 Blown or damaged speakers arising from misuse;

    5.8.17 Any damage caused due to the use of generic or re-filled cartridges;

    5.8.18 Any loss or destruction of, or any damage to any property whatsoever, or any loss expense whatsoever arising there from, or any consequential loss or any liability of whatsoever nature directly or indirectly caused by or contributed to, by or arising from ionizing, radiation, or contamination by radio activity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel. Combustion shall include any self-sustain process of nuclear fission, or any loss, destruction, damage or disability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.

    5.9 In the case of cameras, the warranty does not apply to any accessories, batteries, charges, attachable lenses or additions which do not constitute the main body of the camera. In the case of TV’s; Hi-Fi’s; VCR’s or DVD’s – remotes are not covered.

    5.10  In addition, Russells will not be liable for the costs of;

    5.10.1 Maintenance, including cleaning, clearing of blockages and overhaul, insect infestation or paper jams;

    5.10.2 Work covered by the manufacturers’ recall of the appliance;

    5.10.3 Call out charges where the breakdown is not covered by the extended warranty;

    5.10.4 And material or labor which is recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.

    5.11  Russells will not in any circumstances be liable for any consequential loss or damages suffered by the customer whether directly or indirectly related defect in the appliance to the extent permissible by law.

    5.12  Repairs may not be affected without prior authorization from Russells.

    5.13  In the case of an authorised repairer being called out for a fault covered by the warranty, the supplier shall pay the repairer for all labor and materials supplied in terms of the warranty, while the customer shall be liable to pay the repairer all other charges, including but not limited to the call out charge should no defect be found in the appliance.

    5.14  The repair will be carried out in terms of the warranty within a radius of sixty kilometers from the appointed service agent’s premises. Should the repairer be required to travel beyond this radius, the customer will be charged at the prevailing AA rate per kilometer.

    5.15  Russells authorised repairers reserve the right not to do house calls in areas where their personal safety may be at risk.

    5.16  Certain products will contain their own supplier warranty and you are advised to keep same and refer to same for any differences in the above

  • 6. DISPLAYING OF PRICES

    All pricing displayed on the web is inclusive of the current South African VAT, in South African Rands and is subject to price changes and may change without any warnings or notifications. Please note that all prices displayed exclude the cost of delivery. Russells takes utmost care to ensure that the displayed prices are correct. Where pricing on the website differs from the actual in-store pricing, the applicable price will be the lesser of the two prices, unless the lesser price is made in error and we have taken reasonable steps to rectify the error and or where it is a website specific promotions for online purchases only or in branch specific promotion for branch purchase only.  Hence such promotional pricing will not be honored. If a mistake is made or incorrect price is displayed we will correct these as soon as we are made aware of the incorrect displayed price.

    Goods made to order will result in additional costs

  • 7. CURRENCY, PAYMENT METHODS AND TRANSACTIONAL SECURITY

    All transactions are conducted in South African RAND (R) (ZAR) through PayU Payment Solutions (Pty) Ltd. When PayU Payment Solutions (Pty) Ltd processes a transaction for you via any of their secure payment web services, the transaction is encrypted. The PayU Payment Solutions (Pty) Ltd security policy can be found at: https://www.payu.co.za/faqs/security.

    Please also read the PayU Payment Solutions (Pty) Ltd Terms and Conditions, located at: https://www.payu.co.za/legal.  By submitting a sales order through any of the Russells website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact, or have the mandate to transact to do so. This includes that you have obtained the express permission (indemnity) of the person and or Business whose information you are submitting/using through any of our services and that you are not in breach of the Consumer Protection Act or National Credit Act, or any other applicable legislation in any way. You indemnify Russells, its Members and employees from any claim and/or liability from any third party arising out of your instructions and/or use of the service(s). 5     

    Russells accepts the following types of payments on its website:

    7.1 Credit Card payments: Only South African issued (Visa and Master) credit cards will be   accepted for online payments. On completing the purchase cycle the sales details are sent to the bank, if payment is unsuccessful or authorization is not issued by the bank your purchase cycle cannot be completed.

    7.2 Bank Deposits and Electronic Funds Transfer: Should you select to pay via a bank deposit or Electronic Fund Transfer, on completion of your order an instruction will be emailed to you regarding the method in which monies must be deposited in Russells account which is subject to the following Terms and conditions:

    7.3 EFT Pro: the full amount must be paid as per your order request within 48hours of placing your order.  Your order will be cancelled should you fail to deposit/transfer the funds within 48hours of placing your order. The EFT must be in SA Rands (ZAR) only (no other currency will be accepted).  Russells cannot be held liable for any delays, errors, fees, bank affiliated fees / admin charges and currency fluctuations.  PayU EFT Pro onlyfacilitates the transaction between you and your bank. The terms and conditions existing between you and the Bank still apply.  PayU does not store any online banking login details.  The Delivery timeframe is relative and will be dependent on the time and date of the successful EFT Pro confirmation (please refer to our delivery timeframes T&C’s for info).  As we do not store your banking details when conducting an EFT PRO, should you request a refund, we will require you to furnish your Bank account details anew.

    7.4 For a direct deposit, the deposit must be in cash and in SA Rand only, (no other currency will be accepted).

    7.5 No cheque deposits are accepted.

    7.6 Mobicred facilitates the credit transaction. The terms and conditions existing between you and mobicred still apply.  The Delivery timeframe is relative and will be dependent   on the time and date of the successful mobicred confirmation (please refer to our delivery timeframes T&C’s for info

    Your order number needs to be used in the reference section of the deposit slip or the electronic transfer, we will not be held liable for any delays should you fail to include these.  Your delivery timeframe is dependent and will commence on the time and date of the funds reflecting in Russells account.

    Depending on the bank, some payments may take up to three business days to reflect in our account. In such circumstances there will be a delay in having your order shipped.

    When paying using PayU EFT Pro, the communication process between you and your bank shall occur as it would when conducting an EFT with the Bank.  You will be redirected to the online banking login screen and will be prompted to login with your online banking credentials.  You will receive a one-time pin (OTP) which you would need to enter to confirm payment.

    We are proud to introduce a more secure online shopping experience for you! Registration with 3D Secure is required when shopping online with us as a 3D secure merchant and no username and password to remember anymore. You will now receive a One-Time-Password (OTP) that will only be valid for one transaction when shopping at a 3D Secure merchant, protecting your Credit Card against fraudulent online use. We all love the convenience of shopping online, but are concerned about the risks that may be involved. This is why we at Russells deploy technology, such as 3D Secure, which has been designed to protect you while you shop.

    Russells reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Russells, in whole or in part, on notice to you. Russells shall only be liable to refund monies already paid by you (see Russells Refund Policy in point 26 in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.

  • 8. DELIVERY

    8.1 General Delivery Information

    Unless otherwise specifically stated or specifically agreed to, the delivery charges will be for your account.

    8.1.1 Russells delivers within the borders of South Africa only.

    8.1.2 Deliveries are door to door and must be a physical address within the borders of South Africa and not a Post Box. We do not deliver to any postal addresses i.e. deliver to a post box or to any post offices. Please ensure all delivery details including the postal code are accurate, as you will be liable for all additional handling and shipping charges as a result of such errors. Please also ensure that someone is available to sign for and receive your goods at the time of delivery. It will be deemed that you as the purchaser assign without prejudice and without a proxy to a party other than yourself to sign for your goods at your specified    and confirmed delivery address should you be or not be present at time of delivery.

    8.1.3 You accept that Russells does not have to prove that you personally received the delivery of such goods.  You agree that we would only be required to prove that someone not necessarily yourself signed for the goods at your specified and confirmed delivery address. Although we monitor every purchase order to    ensure your package is delivered.

    8.1.4 Should you have not received your delivery of goods after 24 hours of the expired delivery period you would need to contact us within a maximum of 48 hours. Should you fail to notify us of a no delivery within the given period, you agree that it would be deemed that you received the purchased goods.

    8.1.5 Delivery of products purchased through the online store is subject to the geographical delivery framework as determined by our courier partner. Should your delivery address    fall into one of these categories, you will be liable for any additional costs incurred in delivery, storage and or returning the parcel.  (Category list as follows; plots, farms, mines, military bases, major chain stores, power stations, game reserves and lodges and harbors)

    8.2 Failed delivery:

    8.2.1 We will notify you of a failed delivery i.e.: whereby no one was at the specified delivery address to receive and sign for the goods at the time of delivery. We will endeavor to reschedule the delivery with you within 24 – 48 hours; however you may be liable if any additional handling and shipping charges are incurred for a re-delivery.

    8.2.2 Goods shipped in error /Incorrect goods delivered:

    In the unfortunate event that you receive a delivery whereby the goods and or its quantity delivered to you does not match your products and its quantity as per your waybill/purchase order, you agree to notify us immediately upon receipt of such delivery on 0800 110 775, to have the incorrect goods collected and the correct goods delivered to you.

    8.3 Damaged Goods delivered:

    Please notify us within 24 hours of receipt of delivery on 0800 110 775, in the regrettable event that you receive a damaged product. We will do our utmost best to have the damaged product collected and a new product delivered to you within a maximum of 48hours (weekdays only).

    8.4 Price of delivery:

    Delivery prices differ and are determined by the following:

    8.4.1 Location within major centers or Outlaying Delivery Areas

    8.4.2 Type of delivery (Normal order, special order, customer order)

    8.4.3  Weight and Dimensions of total purchase order

    8.4.4 In the instance of special delivery deals the price of product or total purchase order value could determine the delivery rate.

    8.4.5 The price of your delivery is calculated automatically and will be displayed prior to the payment process, in the shopping cart and at checkout.

    8.5 Delivery Periods important to note:

    8.5.1 Delivery service timeframe will commence upon payments confirmation being received (unless supporting documents are requested i.e. in the case of the verification of TV License, a copy of an I.D will be requested), hence delivery timeframe will commence upon confirmation and verification of such supporting    documents where applicable.

    8.5.2 Delivery periods will generally be effected within the selected delivery type timeframe, after collection from point of dispatch and between Major Centers from Monday to Fridays

    8.5.3 We deliver on Monday to Friday from 08h00 to 17h00 to both business and residential addresses.  No deliveries on a Saturday and Sunday and any Public Holiday. ID may be requested upon delivery.  Major centers include any destination within a 40km radius of the following cities: Pretoria, Johannesburg,  Bloemfontein, Cape Town, George, Port Elizabeth, East London, Durban, Pietermaritzburg and Nelspruit. Delivery outside main centers is usually within 5 working days.  The following areas may experience delays due to airline constraints: George, Nelspruit, Richards Bay, Polokwane and Welkom.

  • 9. CREDIT TERMS AND CONDITIONS

    Monthly instalment and total credit price shown include interest as shown, basic insurance, initiation fee, service fee and VAT. (In line with chain deal calculator)

    Delivery charges, deposit, comprehensive insurance and extended warranties are excluded. Credit and “No Deposit” offers remain subject to credit approval, an affordability assessment as required by the National Credit Act and a debit order where relevant.

    INTEREST RATE, DEPOSIT, INSTALMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND LOAN TERM. You may be required to produce proof of an insurance policy or alternatively take up insurance with us. Minimum Application Requirements: ID Book, latest pay slip, 3 months’ bank statements, monthly expense details and your household content insurance or Credit Life policy documents. These requirements are dependent on your employment status and risk profile. All offers are valid while stocks last and cannot be used in conjunction with other in-store promotions – ask the sales representatives for details. Unless otherwise stated, matching products and complementary accessories are not included in the price shown. Valid TV license required when purchasing a TV. All major credit cards accepted.

    Connect Financial Solutions (Pty) Ltd (Reg no.: 2018/431596/07) an authorised Financial Service provider and a registered Credit Provider (NCRCP11158) trading as Russells

    9.1  Quick On-Line Credit App Terms and Conditions (Ts & Cs)

    9.1.1 General

    9.1.1 Quick On-Line Credit App is subject to your acceptance of the Ts & Cs set out herein.  By clicking on the tick-box provided, you acknowledge that you have read and understand the use of website Ts &Cs as well as Quick On-Line Credit App Ts&Cs and agree to be bound by them.

    9.1.2 These Ts&Cs must be read together with our website Terms of Use, a copy of which can be found at www.Russells.co.za or may be requested    from us by email or calling our call centre.

    9.1.3 Quick On-line Credit App Process

    9.1.4 By completing and submitting this Quick On-Line Credit App, you;

    9.1.5 confirm that you have read and understand these Ts&Cs, the meaning and that the Quick On-Line Credit App is subject to a full credit application Ts&Cs which includes an affordability assessment as required by the National Credit    Act, as amended (“NCA”);

    9.1.6 confirm that you are the person whose details you have given to us as the applicant in the quick online credit app;

    9.1.7 confirm all information that you provide us is truthful, complete, accurate and correct. You must immediately notify us if any of your information  changes;

    9.1.8 confirm you are capable and have the capacity to apply for credit and to enter into a credit agreement with us which includes that you are mentally sound, not under the influence of alcohol or drugs, above the     age of 18 and obtained written consent from your spouse or civil partner (where applicable);

    9.1.9 consent to the further processing of your personal information for purposes relating to the Quick On-Line Credit App including any Credit Bureau and other agencies, as permitted by law,

    9.1.10 Once you receive confirmation that you qualify for credit, confirmation of which you will receive by way of email and/or sms you are required to visit any Russells store, quote your ID number/passport number and complete a full credit application.

    9.1.11 Minimum full credit application Ts &Cs include:

    9.1.11.1 ID Book or Passport (for non-RSA nationals);

    9.1.11.2 latest payslip;

    9.1.11.3 (three) months bank statements;

    9.1.11.4 monthly expense details and your household content insurance and/or Credit Life policy documents;

    9.1.11.5 these requirements are dependent on your employment status and risk profile. INTEREST RATE, DEPOSIT, INSTALMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND TERM LOAN.

    9.1.12 The Quick On-Line Credit App is subject to the verification of the identification of the applicant and applicant being above the age of 18, who is in possession of a valid identity document or passport.

    9.1.13 Your Quick On-Line Credit App offer will only be valid for 7 (seven) days from Quick On-Line Credit App Date.

    9.2 Disclosures and consent

    9.2.1 Connect Financial Solutions (Pty) Ltd (Reg no.: 2018/431596/07) an authorized Financial Service provider and a registered Credit Provider (NCRCP11158) trading   as Russells

    9.2.3 You consent to and agree that Pepkor Trading (Pty) Ltd is to access any of your personal information required from any Credit Bureau and other agencies, as permitted by law, to:

    9.2.4 make enquiries to obtain or confirm your credit profile and repayment behavior;

    9.2.5 to supply and/or submit any information about you or provided to us by you;

    9.2.6 seek, verify and receive information from any credit bureau or third party (with whom you have financial relations at any time) when assessing your quick online credit app or your creditworthiness,

    9.2.7 to disclose the above information as required in law; and

    9.2.8 to retain records of your personal and credit information in any database in accordance with the provisions of the NCA.

    9.2.9 You acknowledge and understand that a credit bureau will provide us with credit profile information and possibly a credit score reflecting your creditworthiness.  We cannot be held responsible for any loss that you may suffer or damage that you may incur caused by any credit bureaus or agency.

    9.3 Information Security Policy

    9.3.1 You agree to keep your information safe and to not disclose it to any unauthorized third party. You further agree that we cannot be held liable for any damages or loss sustained by you as a result such information becoming known to third parties, whether through your actions or through fraud, malware or phishing.

    9.3.2 We reserve the right to suspend any account that we believe may have been compromised accordingly.

    9.3.3 You must notify us immediately if you believe that your information has been processed without your permission. You can contact us on our call centre number or e-mail us as per details below.

    9.4 Law

    9.4.1 This Quick On-Line Credit App is governed by the laws of the Republic of South Africa, irrespective of whether or not you are South African or are accessing our website outside of the Republic of South Africa.

    9.4.2 In terms of the Electronic Communications and Transactions Act of 2002, as amended, (“ECTA”) these Ts&Cs are binding and legally enforceable against you.  We do not sell any products via this Quick On-Line Credit App and accordingly, the provisions of ECTA relating to electronic transactions in this regard do not apply in respect of the Quick On-Line Credit App.

    9.4.3 You have the right to resolve any dispute that may arise between us by way of alternative dispute resolution, or to file a complaint with the National Credit Regulator, or to make an application to the Tribunal as per details below.

    9.4.4 Subject to the provisions of the NCA, we may, from time to time, update or change these Ts&Cs. We recommend that you read these Ts&Cs every time you access and use our website. Amended Ts&Cs will bear a different version number on the footer of each page of these Ts&Cs and will supersede and replace any previous Ts&Cs.

    9.4.5No indulgence or extension of time which either you or us may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

    9.4.6 We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Ts&Cs without notice to you.

    9.4.7 All provisions of these Ts&Cs are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Ts&Cs which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, only to the extent that it is so unenforceable, be treated as not having been written and the remaining provisions of these Ts&Cs shall remain in full force and effect.

    9.5 Contact Details

    The following contact details are hereby disclosed:

    Customer Care: 010 211 1120 or [email protected]

    Credit Ombudsman: 086 1662 837

    National Credit Regulator: 086 062 7627

    Credit Bureau: 086 1128 364

  • 10. LAYBY TERMS AND CONDITIONS

    10.1 DEFINITIONS

    In this Agreement, unless the context indicates differently: -

    10.1 "Agreement" means these terms and conditions, including the Schedule and all written notices that the supplier has given to the consumer;

    10.1. "Business day" means any day except for a Saturday, Sunday or South African public holiday;

    10.1.3 "Consumer"/"you"/"your" means the person who has agreed to enter into this Agreement and whose details are recorded in the Schedule;

    10.1.4 "Schedule(s)" means the Retail Lay-by Schedule attached to these terms and conditions which records the purchase price of the goods, the number of amounts to be deposited, the quantity of the amounts to be deposited, the dates on which the amounts need to be deposited and any other Schedules which may be attached hereto by agreement between the parties;

    10.1.5 "Supplier"/"we"/"us"/"our" means JDG Trading Pty (Ltd);

    10.1.6 "VAT" means value-added tax chargeable under the Value-Added Tax Act 89 of 1991;

    10.1.7 The headings of the various clauses in this Agreement have been inserted purely for the purpose of convenience and they will not be used to interpret the Agreement.

    10.1.8. Any reference to a gender includes the other genders; and

    10.1.9. The singular includes the plural and vice versa (the other way around).

    10.2 INTRODUCTION

     You have agreed:-

    10.2.1 To buy the goods set out in the Schedule on lay-by; and

    10.2.2 To pay for the goods by making regular deposits until payment of the full purchase price, as set out in the Schedule.

    10.2.3 You understand and agree that the goods will not be delivered to you and you will not become the owner thereof until you have paid the full purchase price for the goods. The goods will remain at our risk until you have accepted delivery of them.

    10.3 You agree that:-

    10.3.1. This Agreement represents the entire Agreement between the you and the supplier and that no alterations or additions to this Agreement may be effected unless agreed to by both parties, reduced to writing and signed by you and a duly authorized representative of the supplier; and

    10.3.2. for purposes of this Agreement "signature" or "signed" does not include an electronic signature as contemplated in the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act").

    10.4. PAYMENT OF DEPOSIT AND INSTALMENTS

    10.4.1 You understand and agree that:-

    10.4.1.1. The purchase price of the goods includes VAT at the current rate of tax; and

    10.4.1.2. If, at any time before the full purchase price of the goods is paid by you, the VAT rate is changed in relation to the supply of the goods, we will be entitled to recover the VAT increase from you prior to delivery of the goods.

    10.4.2. The Agreement will commence upon signature of the Agreement and payment of the initial deposit set out in the Schedule.

    10.4.3. Thereafter, you must deposit the monthly amounts on or before the due dates until the final payment date. All amounts must be deposited at the address of the store, as detailed in the Schedule, or via a direct deposit into the bank account of the store.

    10.3.4. The deposits will be applied towards the settlement of the purchase price on the final payment date.

    10.5. TERMINATION OF THE AGREEMENT

    10.5.1 If you terminate the Agreement before paying the full purchase price, or fail to complete the payment for the goods within 60 (sixty) business days after the final payment date, we:

    10.5.2 May charge a termination penalty of 1% of the full purchase price of the goods. At your request, we will provide you with written details on how the penalty was calculated. We will not charge a termination penalty if sufficient proof is made available to us that your failure to complete payment was due to death or your hospitalization;

    10.5.3 After deducting the termination penalty (if any), will refund you any amounts paid by you under this Agreement;

    10.5.4 You understand and agree that if the agreement had been terminated for any reason and you wish to buy other or similar goods, you will be required to enter into a new agreement with us and the current price of the goods will then apply.

    10.6. STATEMENTS OF ACCOUNT AND CONTACT DETAILS

    10.6.1 We will deliver a monthly statement of account to you by way of email or SMS, as may be elected by you.

    10.6.2. You must check each statement as soon as you receive it and inform us within 7 days of receipt thereof if you think that a statement is not correct.

    10.6.3. It is your responsibility to provide us with the correct contact details and to inform us of any changes.

    10.7. DELIVERY OF THE GOODS

    10.7.1. We will make every reasonable effort to deliver the goods to you as soon as possible after we have received the full purchase price of the goods.

    10.7.2. We cannot be responsible for failure to perform or to deliver or a delay is performance or delivery due to circumstances beyond our control ("force majeure events"). We will not be liable to you for any loss arises from any failure or delay in performance or providing the goods resulting from force majeure events. We will use reasonable endeavors to continue to perform in terms of this Agreement as soon as performance becomes possible. We may contact you to agree on alternative dates for delivery, but will not require you to accept delivery at an unreasonable time.

    10.7.3. You understand and agree that the goods as set out in the Schedule, are identified and described by style, make, model, kind, design or category ("Type"). This does not mean that specific goods are set aside for the duration of the lay-by agreement, but that we will deliver that Type to you after receipt of the full purchase price for the goods.

    10.7.4. If, for reasons beyond our reasonable control, we are unable to deliver that Type to you, we will, at your option:-

    10.7.4.1. Supply you with an equivalent quantity of goods that are comparable or superior in description, design or quality; or

    10.7.4.2. Refund to you the amounts deposited with us for the goods, with interest in accordance with the Prescribed Rate of Interest Act 55 of 1975.

    10.7.5. It is your responsibility to provide us with the correct delivery address prior to delivery of the goods.

    10.8. TRANSFER OF RIGHTS

    10.8.1. Unless our prior written consent has been obtained, you will not be entitled to cede, delegate, assign or transfer all or any part of your rights or obligations under this Agreement.

    10.8.2. You hereby authorize us and agree that we may cede at any time any part or all of our rights under this Agreement or transfer any part or all of our rights or obligations (whether by way of delegation or assignment) under this Agreement to any third party. You further agree that it shall not be necessary for us to provide prior notification to you in the event of any such cession or transfer.

    10.9. CONTACT DETAILS

     The following contact details are hereby disclosed:

     Customer Care: 0800 110 775

     National Consumer Commission: 012 761 3000

     Consumer Goods and Services Ombud: 0860 000 272

    10.10. ADDRESS FOR NOTICES AND LEGAL PROCESSES

    10.10.1. You agree to accept any notice and legal processes under this Agreement at the address recorded in the Schedule. (This address is known in law as your domicilium citandi et executandi or domicile address).

    10.10.2. We choose as our domicile address where you must deliver all notices and legal processes, the following address: Marlboro House 6 Eastern Service Road Eastgate, Sandton 2090

    10.10.3. If you want to change the address at which you agree to accept notices and legal processes, then you must send us a notice in writing by registered post. The notice must:-

    10.10.3.1. inform us that you are changing your address; and

    10.10.3.2. set out the new address at which you agree to accept notices.

    10.10.4. Any new address must be a physical address in the Republic of South Africa.

    10.10.5. If we send a notice to you:-

    10.10.5.1. by prepaid registered post to your address, we will treat it as if you have received it 7 (seven) days after posting; and

    10.10.5.2. by hand, we will treat it as if you have received it on the date of delivery.

    10.10.6. When we treat a notice as if you have received it by a certain date, it means that we do not have to prove that you did receive it then. If you claim that you did not receive the notice by that date, then you will have to prove it.

    10.11. GOVERNING LAW AND JURISDICTION

    10.11.1. This Agreement is in all respects governed by the laws of the Republic of South Africa.

    10.11.2. You agree that the supplier may bring legal proceedings against you relating to this Agreement in any Magistrate's Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent the supplier from bringing legal proceedings in a High Court that has jurisdiction.

    10.12. GENERAL

    10.12.1. We do not lose any of our rights under this Agreement if we do not insist immediately and in every instance on these rights. You may not use it as defense if we had a right which we did not enforce at the relevant time.

    10.12.2. If any term or condition of this Agreement becomes unenforceable for any reason whatsoever, that term or condition is severable from and shall not affect the validity of any other term or condition in this Agreement.

  • 11. ONLINE EXCLUSIVE PROMOTIONS

    11.1. These Terms of the Online Exclusive Offers (Promotion) together with the Russells Standard Terms and Conditions www.russells.co.za set out the terms and conditions that will apply when you place an order through the Russells operated website only and you purchase goods advertised as part of this promotion. Please note that the terms and conditions that apply to this promotion differ on certain parts from the terms and conditions that apply to ordering other products. Such differences will be explained later in these Terms. If you are unable to understand, or have any questions about these Terms please contact Russells on 0800 110 775 Please note that these Terms are subject to change so review and save or print a copy of the current terms and conditions prior to each order that you submit.

    11.2. The Promotion is the sale of certain online only products as advertised on the specific product, for the advertised specific day, whereby the advertised goods will be sold at a discounted price for that specific day, and available for purchase online only.

    11.3. The Promotion starts at Russells online only on the advertised and advertised day at 08:00am and ends on the advertised and mentioned day at 00:00pm. No purchases will be accepted after midnight on the advertised and mentioned day.

    11.4. You will need to be logged into Russells website in order to use the promotion

     

    11.2 ORDER AND ACCEPTANCE

    11.2.1. Each order submitted, which includes the receipt of the full purchase price, constitutes an offer to purchase products. Orders are subject to Russells acceptance and may be refused at Russells discretion, for example in cases where:

    11.2.1.1. Orders cannot be processed due to an error in information you have provided;

    11.2.1.2. There is an error on the website relating to the products that you have ordered, for example an error relating to the price or description of the product as displayed on the website; or

    11.2.2. The products that you have ordered are no longer available through the website.

    11.2.3. After Russells receives your order, you will receive an email confirming receipt of your order. If you do not receive an email, contact Russells before you try to place another order for the same product.

    11.2.4. You will receive an email when your order is being dispatched confirming that your order has been accepted and is on its way to you.

    11.2.5. If you have any questions, comments or concerns regarding Russells order acceptance policy (agreement of sale), or if you consider that your order was rejected in error, please contact Russells on 0800 110 775.

     

    11.3 PRODUCT AVAILABILITY

    11.3.1. Russells will have the right, at any time, to make changes to information about products displayed on the website, for example information about prices, description or the availability of products and Russells may do so without first giving you notice of the changes.

    11.3.2. Russells will not, however, make any changes to the price, availability or description of any product after an order has been accepted. Russells cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party.

    11.3.2. Due to the stock quantity, each customer may not purchase more than 1 product using this Promotion.

     

    11.4 CUSTOMER INITIATED ORDER CANCELLATIONS AND CHANGES

    11.4.1. You can make changes to or cancel your order at any time before your order has been processed. To make changes to your processed order, please contact Russells. If your order has already been dispatched, you will be able to request a refund of the product please see Return Policy.

    11.5 DELIVERY

    11.5.1. Any delivery dates provided to you in connection with your order are estimates. Although the aim is to provide you with as accurate estimates as possible, Russells cannot promise that they are accurate.

    11.5.2. Product that is delivered to you will become your property at the time that you receive it provided that Russells has received full payment for the product. As soon as Russells has delivered the product to you, you will become responsible for it and for any loss or damage to it thereafter.

    11.5.3. Please see the delivery policy for further details.

    11.6 GENERAL

    11.6.1. Participants of this promotion agree that Russells will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the promotion, or from participation in this promotion.

    11.6.2. If any provision or part of these rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these rules shall remain in force.

    11.6.3. Any violation of these rules will result in the immediate disqualification of the transgressing participant from the promotion.

  • 12. TELEVISION LICENSE

    12.1 You will be required to produce a valid TV license and ID document when purchasing a TV. First time buyers may purchase a TV license in-store. In terms of the Broadcasting Act and Television License Regulations, license holders are required to take note of and/or comply with the following: Statutory obligations pertaining to a television license:

    12.1.1 A television license is valid only at the permanent address reflected on the license.

    12.1.2 A person purchasing a television set must be in possession of a valid (paid-up) TV license. A television set may not be purchased using someone else’s TV license.

    12.1.3 When taking out a domestic/household television license for the first time, a person is required to provide his/her personal particulars: surname, initials, ID number (a copy thereof, fixed address and contact details.

    12.1.4 When renewing a television license, a person is required to present an existing license, a copy thereof, or a renewal notice.

    12.1.5 A license holder must notify the SABC, in writing, of a change of address within 30 days

    12.1.6 A television license is not transferable from one license holder to another except between spouses or between unmarried “life partners” in a permanent relationship, on the death of a husband/wife or partner.

    12.1.7 A single domestic television license is required per household regardless of the number of TV sets, provided that all sets so licensed are used at a license holder’s residential premises only by members of his/her family.

    12.1.8 A separate domestic television license at the full annual tariff is required for a second or additional residential property (e.g., a holiday home) since a different physical address is involved.

    12.1.9 “Family members of a television license holder” – defined as all persons who are permanently resident with the license holder; and are dependent on him, and are owed a legal duty of support by the license holder – are covered by a single TV license in his/her name. A person has to meet all three of these conditions to be covered by a household’s TV license. In practice, such domestic license covers a license holder and his/her immediate, dependent family members – in the case of a married couple, a husband/wife and his/her dependent, minor children. Adult (non-dependent) children or more distant relatives – such as adult children, parents/ grandparents, brothers/sisters, uncles/aunts – or boarders or lodgers sharing a family’s home, are not defined as family members. They are separately liable for television sets in their possession and/or used by them.

  • 13. OWNERSHIP AND CONTENT

    All materials published on Russells website is protected by copyright and owned or controlled by Russells or the party accredited as the producer of the content, software or other material. Nothing in these terms and conditions of use shall be construed as conferring by implication or otherwise, any license or right under this copyright, patent, trade mark, database right or other intellectual property or proprietary interest of Russells or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of Russells or are used by Russells under license. Russells will prosecute any violation of intellectual property rights to the fullest extent that the law permits. Reproduction of part or all of the contents in any form is prohibited other than strictly for individual use. If you respond to Russells via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential. Russells will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Russells will also be able to use any ideas, concepts, know-how or techniques contained in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information. You consent to the aforesaid use of such information. By submitting information, you agree that Russells may publish the information, use it as part of its operations, and incorporate its concepts in Russells goods or for any other purposes, which Russells considers necessary, without liability. Russells will deal with your personal information in terms of the privacy policy: http://www.russells.co.za/privacy/
  • 14. DISCLAIMER

    14.1.1 When you visit the Website of Russells, you consent to receiving communications from Russells electronically and agree that all agreements, notices, disclosures and other communications sent by Russells satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

    14.1.2 You must ensure that the goods are fit for the purpose for which you want to buy them and are in good condition and free of any form of defects before you take delivery of the goods. It is a responsibility of the customer to ensure before delivery, that the goods listed on the till slip or your purchase order correspond in description, price and quantity with the goods purchased. You agree to adhere to the user/manufacturer’s instructions and ensure that you make yourself aware of all product warnings and safety instructions prior to the installation or use of all products purchased from Russells. You are to keep proof of any repairs conducted and authorized by Russells and proof of purchase on all returned goods.

    14.1.3 You must make sure of all measurements and sizes before purchasing your goods, as we will not replace or refund you if the goods do not fit into the room/intended location or through a door.

    14.1.4 The onus is on you to advise us if the goods are for a particular purpose when entering the transaction, and we cannot be held liable if you have not advised us of the goods    particular purpose.

    14.1.5 Russells provides the website “as is” and “as available” and to the extent permissible by law disclaims warranties including but not limited to warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website is free from defects, uninterrupted and error free.  While Russells attempts to provide accurate and timely information, Russells cannot guarantee this. Russells may correct and change the website if required.  The Russells goods and services described on the website are available in RSA, through the Russells branch network.

    14.1.6 Although Russells has made every effort to display the goods and their colors as accurately as possible, the displayed products and colors of the products will also depend upon your equipment and Russells cannot guarantee that your equipment will display an accurate representation of the actual goods or their colors. Russells will not be liable for any other website provided by any third party.  All accessories shown with products for presentation purposes are not included in the price nor are such products guaranteed to be available for sale by Russells.  In the event of delivery delays or out of stock situations we will notify you and we will do our very best to ensure a speedy fulfillment.

    14.1.7 Image Disclaimer: Where products are displayed with compatible devices, these devices will not be included as part of the sales price unless specifically identified as part of a product bundle. In all other cases images are shown to display products within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions.

  • 15. LIMITATION OF LIABILITY

    Russells is to be exempted for any liability due to a customer failing to provide accurate information on registration, or a customer failing to view special warnings etc. Subject to applicable law, you agree to indemnify, defend, and hold Russells harmless against any claim, or liability (including attorneys' fees) arising out of your use of the website.
  • 16. AVAILABILITY AND TERMINATION OF ORDERS

    Russells may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for specific performance and damages. Save for certain exceptions (Software, Games, Music, and DVD) and subject to certain charges.
  • 17. GOVERNING LAW AND JURISDICTION

    This Agreement is in all respects governed by the laws of the Republic of South Africa. You agree that we may bring legal proceedings against you relating to this Agreement in any Magistrate's Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent us from bringing legal proceedings in a High Court that has jurisdiction. We choose as our domicile address where you must deliver all notices and legal processes, the following address: Marlboro House, 6 Eastern Service Road, Eastgate, Sandton, 2090
  • 18. PAIA MANUEL

  • 19. BLACK FRIDAY CAMPAIGN

    19.1 This promotional offer is subject to your acceptance of the Terms and Conditions set out herein.

    19.2  You acknowledge that you have read and understand these Terms and Conditions.  These Terms and Condition will govern the redemption of the offer from any Russell’s store.

    19.3 This promotion is promoted by Russells a brand of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) (“the Promoter”).

    19.4 Promotion Period: Every Friday (“The Promotion Period”) when and if advertised.

    19.5 The Offer: On selected Friday’s, selected goods will be on promotion for that day only. The selected goods will be advertised in store and online

    19.6 This Offer is only available on cash and credit and not available on layby. The offer is available for in store and online purchases

    19.7 The Offer is only applicable to one purchase per customer. Online purchases made through several logins and using the same card will disqualify the order. Use of any other person’s login details will disqualify your order.

    19.8 Russells reserves the right, in its sole discretion and to the extent permitted by law, to amend these Terms and Conditions, at any time.

    19.9  Stock is limited, and Russells reserves the right to stop the promotion once each specific product has been sold. All orders are subject to stock availability and no correspondence will be entered into should stock no longer be available.

    19.10  Russells assumes no liability whatsoever for any direct or indirect loss or damage arising from your participation in Offer or howsoever arising (whether arising from negligence or otherwise). All customers, whilst participating in this Offer, indemnify Russells and hold Russells harmless for any loss, damage, harm or injury (whether arising from negligence or otherwise) which may be sustained as a result of any claim, costs, expense, loss or damages which may be made by any third party.

    19.11  Russells assumes no risk and/or liability whatsoever for any interruption in services and/or the failure of any supplier to meet any technical element of this Offer which may result in you not successfully taking up the Offer.

    19.12  This Offer cannot be used in conjunction with any other promotional offer.

    19.13   Any purchases, which are conducted contrary to the requirements of these terms and conditions, will be cancelled and customer will be refunded should their order be cancelled/disqualified.

    19.14  It is your responsibility to ensure that the information provided is accurate, complete and up to date.

     

  • 20. PRICE BEAT

    If we don’t have the best price, we’ll beat it!

    Should you purchase any item in the Russells catalogue, and then, find the item cheaper at any other retailer, we will refund the difference in the price you paid.

    • 20.1. The Price Beat does not apply to new store openings, store relaunches, discounted, display, aged, discontinued or damaged stock.
    • 20.2. The competitor must be in-stock of that identical item.
    • 20.3. The price beat does not apply to foreign stores.
    • 20.4. The price beat does not apply to Online Exclusive Offers
    • 20.5. The items up for comparison must be the identical item, brand, barcode, volume/weight.
    • 20.6. The warranty/guarantee period must be identical to that of the competitor product.
    • 20.7. The retailer deemed to be a competitor needs to be a valid VAT registered retailer – accredited by our suppliers as a reseller of their goods and brands that are in question.
    • 20.8. Proof of the item being cheaper at another retailer must be provided e.g. quote
    • 20.9. Limited to one per customer only.
    • 20.10. It is your responsibility to ensure that the information provided is accurate, complete and up to date.
    • 20.11. If you have purchased an item from Russells and you happen to find an identical product from a competitor within 14 days from day of purchase, let us know and we will refund the difference. Alternatively, if you wish to purchase from Russells and you find the same item at a competitor for less, tell us and we will BEAT THAT PRICE!
  • 21. WORKER’S DAY COMPETITION

    1.   This competition (the “Competition)” is promoted by Russells a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and with Russells being a brand of the JD Group (the “Promoter”).


    2.   This Competition shall be conducted in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008.


    3.   Competition Period

    The Competition runs from 1 May 2020 to 3 May 2020, both dates inclusive (the “Competition Period”). No entries will be accepted after midnight on 3 May 2020.

    4.   Who Can Enter (the “Participant”)

    You are entitled to participate in this Competition if you are a natural person 18 (eighteen) years or older, who is either a South African citizen or carries a valid work permit. The Promoter reserves the right, at any time, to verify the validity of a Participant (including but not limited to a participant’s identity and age) and to reject any Participant who has not complied with these terms and conditions. Errors and omissions may be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

    5.   Exclusions

    Directors, members, employees, agents of, or consultants to the Promoter and its subsidiaries, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this Competition, or if you are any of the aforementioned persons' immediate family, including spouses, life partners, parents, children and siblings, are excluded from being entered into this Competition.

    6.   How to Enter

    A Participant must comment on the Promoter’s Facebook post by telling the Promotor’s what you look forward to when getting back to work and will then automatically be entered into a draw to win a prize as described below (the “Prize”).

    It is within the Promoters sole discretion to disqualify any Participant who posts any inappropriate comment or uses inappropriate language on the Facebook Competition post, or on such other social media or webpage.

    7.   Number of Entries per Participant

    One per person.

    8.   Entry Fee

    There is no entry fee to participate in the Competition.

    9.   The Prize

    1 (one) time Laptop Asus X540 Celeron Notebook Plus Backpack worth R 5 000.00 (rive thousand rand)

    10.   Winning draw and Winner’s Rights and Obligations

    10.1   The Winner will be chosen randomly under the supervision of an independent accountant, registered auditor or attorney.

    10.2   The draw will take place on the 7 May 2020.

    10.3   Should the Competition draw be postponed, a decision which will be in the sole discretion of the Promoter, to another date for any reason whatsoever, the new draw date will be published on the website cited below within 4 (four) days after the original draw date.

    10.4   The random entry drawn will be independently audited by an independent accountant, registered auditor or attorney to establish whether it meets the Competition qualifying criteria and if so that the Participant will be the Winner (subject to the Promoter being able to contact the Winner). If the qualifying criteria are not met further random draws will take place until a randomly selected valid entry meets the eligibility criteria.

    10.5   The Winner will be notified via telephone within 48 (forty eight) hours of the random draw taking place. The Promoter will attempt contact with the Winner at least 3 (three) times, but if the Promoter is unable to contact the Winner within 2 (two) days after the first attempt, through no fault of the Promoter, the Prize will be awarded to the next eligible Winner. The Winner will also be announced on the Promoter’s Facebook page and webpage.

    10.6   The Winner may be asked to participate in marketing activities, including by having his/her photograph taken, but he/she will be entitled to decline to do so.

    10.7   The Prize is exclusively for the benefit of the Winner and is neither transferable nor exchangeable for cash or otherwise. The Prize must be taken up within 3 (three) weeks after the Winner has been announced.

    10.8   The Winner will be required to complete a declaration acknowledging receipt of the price and that he/she is not connected to the Promoter as stipulated above.

    10.9   By entering into the Competition, a Participant consent to the Promoter sending promotional material during and after this Competition, in accordance with the Protection of Personal Information Act (“POPI”).

    10.10   Participants of this Competition are voluntarily providing their personal information as envisaged by POPI to the Promoter, its associated agencies and the third party service providers running the Competition in conjunction with the Promoter.

    10.11   By entering this Competition, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPI of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.

    10.12   By participating in this Competition, a Participant agrees to all the Competition Rules set out above, without exception.

    10.13   The Winner will not be allowed win a Prize more than once during this Competition Period.

    11.   General

    11.1   The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without prior notice or liability. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Competition agree that the Promoter will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in this Competition.

    11.2   The laws of the Republic of South Africa govern this Competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Competition Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing Participant from the Competition.

    11.3   The Promoters decision is final, and no correspondence will be entered into.

    11.4   No liability shall lie on the Promoter in favour of any Participant, Winner (s) and/or third party arising from cancellation, suspension or termination. Therefore, the Participant waives any and all rights which they may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of any nature whatsoever against the Promoter.

    A copy of these Competition Rules is available at www.russells.co.za.

  • 22. ESSENTIAL SERVICE REPAIRS

    1.   Note that all terms and conditions are subject to the Consumer Protection Act (“CPA”), and these conditions will in no way influence or amend any rights the Purchaser may have in terms of the CPA.

    2.   Kindly note that this service offering is limited to essential appliances (cooking and refrigeration) ONLY, as per legislation during the National Covid-19 lockdown period. All other non-essential appliances will not be covered by this offer.

    3.   The product brands supported under warranty and under this offer will include DEFY, KIC, HISENSE, UNIVA and WHIRLPOOL

    4.   For goods purchased from one of our stores:

    4.1   If goods are defective within the first 6 months from the date of purchase as indicated on your proof of purchase, you may contact our customer contact centre to request a repair, replacement or a refund for the price paid for the goods at the point of purchase.

    4.2   Kindly indicate immediately when reporting the defect, which option (refund/replacement/repair) you would prefer, in order for the call centre to submit the correct claim to the manufacturer.

    4.3   Please note that only repairs of the essential goods will be attended to during the national lockdown period.

    4.4   Any request for a replacement or refund in terms of the CPA legislation, will only be attended to after the lockdown period elapsed.

    4.5   If goods are defective after the first 6 months from the date of purchase, but still within the manufacturer’s warranty as indicated on your warranty documentation, you may contact  our customer contact centre to request a repair.

    4.6   If goods are defective after the manufacturer’s warranty expired or the fault is not related to a manufacturer’s fault or excluded from the warranty agreement, you may contact our customer contact centre to request an out of warranty repair for you. We will notify a service provider to provide a quotation for the call out to your premises to diagnose the fault and complete the repair.

    4.7   Should the service provider not be able to remedy the defect on an out of warranty product, we will offer a 10% discount off the purchase of a new, but similar product - This discount will apply to online purchases made on our website

    4.8   Kindly note that delivery of this new product, after purchase, will only take place after the lockdown period.

    5.   For goods NOT purchased from one of our stores, but from another retailer:

    5.1   If goods are defective within the first 6 months from the date of purchase as indicated on your proof of purchase, you may contact  our customer contact centre to request a repair. Any request for a replacement or a refund in terms of CPA legislation, can only be requested from the retailer where you purchased the goods from.

    5.2   Unfortunately we will not be able to assist with a replacement of refund request in terms of the CPA legislation, within the first 6 months after purchase, if the goods were not purchased from us.  

    5.3   Please note that only repairs of the essential goods will be attended to during the national lockdown period.

    5.4   If goods are defective after the first 6 months from the date of purchase, but still within the manufacturer’s warranty as indicated on your warranty documentation, you may contact  our customer contact centre to request a repair.

    5.5   The customer contact centre will request a copy of your proof of purchase, to proof the warranty and to supply to the service provider

    5.6   If goods are defective after the manufacturer’s warranty expired or the fault is not related to a manufacturer’s fault or excluded from the warranty agreement, you may contact our customer contact centre to request an out of warranty repair for you. We will notify a service provider to provide a quotation for the call out to your premises to diagnose the fault and complete the repair.

    5.7   Should the service provider not be able to remedy the defect on an out of warranty product, we will offer a 10% discount off the purchase of a new, but similar product – This discount will apply to online purchases made on our website

    5.8   Kindly note that delivery of this new product, after purchase, will only take place after the lockdown period.

    6.   Damage to appliances: Damage caused, or seemingly caused, by the events listed below, or evidence of the events listed below, may invalidate the warranty and would usually not be covered under the manufacturer’s warranty or the extended warranty irrespective of manufacturer or retailer – The repair request will still be submitted to the service provider, but a repair charge may apply at the discretion and/or election of the repair agent:

    6.1   Connection to incorrect voltage or damage due to electrical power surges, load shedding or power interruptions

    6.2   Lightning damage to appliances

    6.3   Damaged caused by extended exposure to moisture and humidity

    6.4   Fire or heat damage

    6.5   Acts of God

    6.6   War

    6.7   Public disturbances

    6.8   Normal wear and tear (cosmetic)

    6.9   Accidental damage

    6.10   Misuse or abuse

    6.11   Failure to properly maintain the equipment or goods

    6.12   Use of improper cleaning methods, products or equipment

    6.13   Infestation by insects or vermin

    6.14   Incorrect installation

    6.15   Incorrect operation

    6.16   Use for which it is not designed (e.g. commercial or industrial environment)

    6.17   Damage caused by the use of remanufactured or generic parts

    6.18   Evidence of tampering or repair by a non-approved service centre

    6.19   Altered or removed serial number

    6.20   Theft or Accidental loss of the product

    6.21   Any other exclusions which may not be listed above, but listed in the specific product terms & conditions supplied by the manufacturer with the equipment (goods) or referred to on the manufacturer’s website

    7.   These repair services will be offered under extremely stringent conditions as per the increased health and safety conditions required during the lockdown period:

    7.1   The repair agent will be visiting your premises after the repair has been requested and after an appointment has been made with yourself

    7.2   The repair agent will be required to keep a social distance and will wear protective gear (eg Mask)

    7.3   For the protection of yourself and your family, as well as our repair agents performing this vital service, we kindly request that you:

    -   Thoroughly wipe down the equipment with a disinfectant before and after the onsite visit

    -    Avoid any physical contact with the repair agent (eg shaking of hands)

    -   Keep a social distance from the repair agent, while onsite

    -   Wear protective face gear (eg mask) as a preventative measure while the repair agent is conducting the repair at your premises.

    -   Wash your hands thoroughly before and after the onsite repair visit, with soap and water

    8.   We will not interfere with the discretion and decisions of the repair agent as they are our trusted appointed repair agent of choice. If you do not agree with their decisions regarding the repairs, or their workmanship, this should be taken up with the repair agent and not with our offices. Accordingly we will not be liable for any negligence (whether gross or otherwise) in respect of repair agent conduct and repairs.

    9.   The repair services are rendered by the repair agent and not our offices, hence the repair agent will issue quotations and make arrangements regarding payments (in instances where payments will be applicable in respect of call out and repairs to be undertaken). Payment will be made directly to the repair agent.

  • 23. MOTHERS DAY COMPETITION

    1.   This competition (the “Competition)” is promoted by Russells a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and with Russells being a brand of the JD Group (the “Promoter”).

    2.   This Competition shall be conducted in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008.

    3.   Competition Period

    The Competition runs from 8th to 10th May 2020, both dates inclusive (the “Competition Period”). No entries will be accepted after midnight on 10th May 2020.

    4.   Who Can Enter (the “Participant”)

    You are entitled to participate in this Competition if you are a natural person 18 (eighteen) years or older, who is either a South African citizen or carries a valid work permit. The Promoter reserves the right, at any time, to verify the validity of a Participant (including but not limited to a participant’s identity and age) and to reject any Participant who has not complied with these terms and conditions. Errors and omissions may be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

    5.   Exclusions

    Directors, members, employees, agents of, or consultants to the Promoter and its subsidiaries, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this Competition, or if you are any of the aforementioned persons' immediate family, including spouses, life partners, parents, children and siblings, are excluded from being entered into this Competition.

    6.   How to Enter

    Comment on the Facebook post: Share the best advise that you have ever received from you mother and will automatically go into the draw to win.

    It is within the Promoters sole discretion to disqualify any Participant who posts any inappropriate comment or uses inappropriate language on the Facebook Competition post, or on such other social media or webpage.

    7.   Number of Entries per Participant

    One per person.

    8.   Entry Fee

    There is no entry fee to participate in the Competition.

    9.   The Prize

    1X Edblo Royalty Queen Bed Set valued @ R3499.

    10.   Winning draw and Winner’s Rights and Obligations

    10.1   The Winner will be chosen randomly under the supervision of an independent accountant, registered auditor or attorney.

    10.2   The draw will take place on the 13th May 2020.

    10.3   Should the Competition draw be postponed, a decision which will be in the sole discretion of the Promoter, to another date for any reason whatsoever, the new draw date will be published on the website cited below within 4 (four) days after the original draw date.

    10.4   The random entry drawn will be independently audited by an independent accountant, registered auditor or attorney to establish whether it meets the Competition qualifying criteria and if so that the Participant will be the Winner (subject to the Promoter being able to contact the Winner). If the qualifying criteria are not met further random draws will take place until a randomly selected valid entry meets the eligibility criteria.

    10.5   The Winner will be notified via telephone within 48 (forty eight) hours of the random draw taking place. The Promoter will attempt contact with the Winner at least 3 (three) times, but if the Promoter is unable to contact the Winner within 2 (two) days after the first attempt, through no fault of the Promoter, the Prize will be awarded to the next eligible Winner. The Winner will also be announced on the Promoter’s Facebook page and webpage.

    10.6   The Winner may be asked to participate in marketing activities, including by having his/her photograph taken, but he/she will be entitled to decline to do so.

    10.7   The Prize is exclusively for the benefit of the Winner and is neither transferable nor exchangeable for cash or otherwise. The Prize must be taken up within 3 (three) weeks after the Winner has been announced.

    10.8   The Winner will be required to complete a declaration acknowledging receipt of the price and that he/she is not connected to the Promoter as stipulated above.

    10.9   By entering into the Competition, a Participant consent to the Promoter sending promotional material during and after this Competition, in accordance with the Protection of Personal Information Act (“POPI”).

    10.10   Participants of this Competition are voluntarily providing their personal information as envisaged by POPI to the Promoter, its associated agencies and the third party service providers running the Competition in conjunction with the Promoter.

    10.11   By entering this Competition, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPI of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.

    10.12   By participating in this Competition, a Participant agrees to all the Competition Rules set out above, without exception.

    10.13   The Winner agrees that upon winning the Prize, no further prizes in any competitions or give-away or similar campaign of Promoter or JD Group of which the Promoter forms part, will be awarded to the Winner for a period of 3 (three) months, irrespective of whether the Winner has entered or qualified prior to or after the date on which the Prize was awarded to the Winner.

    11.   General

    11.1   The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without prior notice or liability. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Competition agree that the Promoter will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in this Competition.

    11.2   The laws of the Republic of South Africa govern this Competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Competition Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing Participant from the Competition.

    11.3   The Promoters decision is final, and no correspondence will be entered into.

    11.4   No liability shall lie on the Promoter in favour of any Participant, Winner (s) and/or third party arising from cancellation, suspension or termination. Therefore, the Participant waives any and all rights which they may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of any nature whatsoever against the Promoter.

    A copy of these Competition Rules is available at www.russells.co.za

  • 24. FATHERS DAY COMPETITION

    1.   This competition (the “Competition)” is promoted by Russells a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and with Russells being a brand of the JD Group (the “Promoter”).


    2.   This Competition shall be conducted in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008.


    3.   Competition Period

    The Competition runs from 18th to 21st June 2020, both dates inclusive (the “Competition Period”). No entries will be accepted after midnight on 21st June 2020.

    4.   Who Can Enter (the “Participant”)

    You are entitled to participate in this Competition if you are a natural person 18 (eighteen) years or older, who is either a South African citizen or carries a valid work permit. The Promoter reserves the right, at any time, to verify the validity of a Participant (including but not limited to a participant’s identity and age) and to reject any Participant who has not complied with these terms and conditions. Errors and omissions may be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

    5.   Exclusions

    Directors, members, employees, agents of, or consultants to the Promoter and its subsidiaries, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this Competition, or if you are any of the aforementioned persons' immediate family, including spouses, life partners, parents, children and siblings, are excluded from being entered into this Competition.

    6.   How to Enter

    7.   A Participant must go to our https://www.facebook.com/YouPayLessForMore/ post and comment us how you would spoil your dad if you were not locked down and you will automatically go into the draw to win a prize as described below (the “Prize”).

    It is within the Promoters sole discretion to disqualify any Participant who posts any inappropriate comment or uses inappropriate language on the Facebook Competition post, or on such other social media or webpage.

    8.   Number of Entries per Participant

    One per person.

    9.   Entry Fee

    There is no entry fee to participate in the Competition.

    10.   The Prize

    1x Sansui 40-inch TV valued at R5000

    11.   Winning draw and Winner’s Rights and Obligations

    11.1   The Winner will be chosen randomly under the supervision of an independent accountant, registered auditor or attorney.

    11.2   The draw will take place on the 23rd June 2020.

    11.3   Should the Competition draw be postponed, a decision which will be in the sole discretion of the Promoter, to another date for any reason whatsoever, the new draw date will be published on www.russells.co.za cited below within 4 (four) days after the original draw date.

    11.4   The random entry drawn will be independently audited by an independent accountant, registered auditor or attorney to establish whether it meets the Competition qualifying criteria and if so that the Participant will be the Winner (subject to the Promoter being able to contact the Winner). If the qualifying criteria are not met further random draws will take place until a randomly selected valid entry meets the eligibility criteria.

    11.5   The Winner will be notified via telephone within 48 (forty eight) hours of the random draw taking place. The Promoter will attempt contact with the Winner at least 3 (three) times, but if the Promoter is unable to contact the Winner within 2 (two) days after the first attempt, through no fault of the Promoter, the Prize will be awarded to the next eligible Winner. The Winner will also be announced on the Promoter’s Facebook page and webpage.

    11.6   The Winner may be asked to participate in marketing activities, including by having his/her photograph taken, but he/she will be entitled to decline to do so.

    11.7   The Prize is exclusively for the benefit of the Winner and is neither transferable nor exchangeable for cash or otherwise. The Prize must be taken up within 3 (three) weeks after the Winner has been announced.

    11.8   The Winner will be required to complete a declaration acknowledging receipt of the price and that he/she is not connected to the Promoter as stipulated above.

    11.9   By entering into the Competition, a Participant consent to the Promoter sending promotional material during and after this Competition, in accordance with the Protection of Personal Information Act (“POPI”).

    11.10   Participants of this Competition are voluntarily providing their personal information as envisaged by POPI to the Promoter, its associated agencies and the third party service providers running the Competition in conjunction with the Promoter.

    11.11   By entering this Competition, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPI of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.

    11.12   By participating in this Competition, a Participant agrees to all the Competition Rules set out above, without exception.

    11.13   The Winner agrees that upon winning the Prize, no further prizes in any competitions or give-away or similar campaign of Promoter or JD Group of which the Promoter forms part, will be awarded to the Winner for a period of 3 (three) months, irrespective of whether the Winner has entered or qualified prior to or after the date on which the Prize was awarded to the Winner.

    12.   General

    12.1   The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without prior notice or liability. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Competition agree that the Promoter will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in this Competition.

    12.2  The laws of the Republic of South Africa govern this Competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Competition Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing Participant from the Competition.

    12.3   The Promoters decision is final, and no correspondence will be entered into.

    12.4   No liability shall lie on the Promoter in favour of any Participant, Winner (s) and/or third party arising from cancellation, suspension or termination. Therefore, the Participant waives any and all rights which they may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of any nature whatsoever against the Promoter.

    A copy of these Competition Rules is available at www.russells.co.za

  • 25. ONLINE FREE DELIVERY ON ALL ORDERS PLACED ONLINE ABOVE R4999

    1.  This promotional offer is subject to your acceptance of the Terms and Conditions set out herein.

    2.  You acknowledge that you have read and understand these Terms and Conditions. These Terms and Condition will govern the redemption of the offer from any Russells store.

    3.  This promotion is promoted by Russells a brand of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) (“the Promoter”).

    4.  Promotion Period: The Promotion will be valid only when advertised (“The Promotion Period”).

    5.  This Offer is only available online at www.russells.co.za for cash sales. No lay-by or credit sales will be applicable.

    6.  The Offer is only applicable to one purchase per customer.

    7.  Russells reserves the right, in its sole discretion and to the extent permitted by law, to amend these Terms and Conditions, at any time.

    8.  How to qualify: Free delivery applies to online deliveries only and will not be available in-stores. Our free delivery promotion/option is only valid for all orders online valid for deliveries from any SA Russells store. In order to qualify for our free delivery option, you must shop online.

    9.  Delivery: Important to note

    9.1 Russells delivers within the borders of South Africa only.

    9.2 Deliveries are door to door and must be a physical address within the borders of South Africa and not a Post Box We do not deliver to any postal addresses i.e. deliver to a post box or to any post offices. Please ensure all delivery details including the postal code are accurate, as you will be liable for all additional handling and shipping charges as a result of such errors. Please also ensure that someone is available to sign for and receive your goods at the time of delivery. It will be deemed that you as the purchaser assign without prejudice and without a proxy to a party other than yourself to sign for your goods at your specified and confirmed delivery address should you be or not be present at time of delivery.

    9.3 You accept that Russells does not have to prove that you personally received the delivery of such goods. You agree that we would only be required to prove that someone not necessarily yourself signed for the goods at your specified and confirmed delivery address. Although we monitor every purchase order to ensure your package is delivered.

    9.4 Should you not received your delivery of goods after 24 hours of the expired delivery period you would need to contact us within a maximum of 48 hours. Should you fail to notify us of none delivery within the given period you agree that it would be deemed that you received the purchased goods.

    9.5 Delivery of products purchase through the online store is subject to the geographical delivery framework as determined by our courier partner. Should your delivery address fall into one of these categories, you will be liable for any additional costs incurred in delivery, storage and or returning the parcel. (Category list as follows; plots, farms, mines, military bases, major chain stores, power stations, game reserves and lodges and harbors)

    10.  The Company assumes no liability whatsoever for any direct or indirect loss or damage arising from your participation in Offer or howsoever arising (whether arising from negligence or otherwise). All customers, whilst participating in this Offer, indemnify Russells and hold Russells harmless for any loss, damage, harm or injury (whether arising from negligence or otherwise) which may be sustained as a result of any claim, costs, expense, loss or damages which may be made by any third party.

    11.  Russells assumes no risk and/or liability whatsoever for any interruption in services and/or the failure of any supplier to meet any technical element of this Offer which may result in you not successfully taking up the Offer.

    12.  This Offer cannot be used in conjunction with any other promotional offer.