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About Terms and Conditions
The Website as accessed at https://shop.darksidetuning.com (the “Website”) and is owned and operated by Darksidetuning (“Darksidetuning”, “we”, “us” and “our”).
This Website Terms and Conditions (“Terms and Conditions”, Terms & Conditions", "T&C", "Terms") govern the ordering, sale and delivery of Goods, and the use of the Website.
Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register” button or link on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for an extensive range of fishing tackle goods including rods, reels, lures, line, hooks, sinkers, accessories and related items (“Goods”).
Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
- may limit the risk or liability of Darksidetuning; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Darksidetuning; and/or
- serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, please ask Darksidetuning to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Darksidetuning in terms of the CPA.
Darksidetuning permits the use of this Website subject to the Terms and Conditions.
By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Registration and use of the Website
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Darksidetuning. You will need to use your unique username and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Darksidetuning immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website.
In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Darksidetuning representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Darksidetuning representative.
Conclusion of sales and availability of stock
Registered users may place orders for Goods, which Darksidetuning may accept or reject. Whether or not Darksidetuning accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Darksidetuning for the Goods.
NOTE: Darksidetuning will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Darksidetuning come into effect (the “Sale”). This is regardless of any communication from Darksidetuning stating that your order or payment has been confirmed. Darksidetuning will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for the amount already paid.
Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Darksidetuning liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Darksidetuning, Darksidetuning will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are provided to you on a pre-order basis. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Darksidetuning will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
In the case of Goods on Pre-order, Darksidetuning relies on inventory information supplied by the relevant source supplier(s) and Darksidetuning accordingly bears no liability for any inaccuracies in the information supplied to it.
Goods may not be purchased from our Website for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
Please refer to our Payment Policy for more information about payment terms and policies.
The Payment Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Delivery of goods
Please refer to our Shipping and Delivery Policy for more information about shipping and delivery.
The Shipping and Delivery Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).
The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
JDM Product Warranty - Outside Of Japan
We do our best to ensure that the products we deliver to you are of a high quality, and in good working order and without defects.
As JDM products are intended, as the acronym implies, for the Japanese Domestic Market, warranties for JDM products do not exist outside of Japan.
This applies to all imported JDM products, the logistics and administration makes the process too complicated and costly to be practically implemented outside of Japan.
Darksidetuning, however believes in customer service and would like to ensure a true and happy JDM experience for our customers.
In this spirit, we offer a local 6 (six) month Standard Warranty only for JDM Reels purchased.
We have vast knowledge of and capabilities in, the repair of, servicing of, and sourcing of parts for JDM reels, to enable us to offer a 6 (six) Month Standard Warranty on JDM Reels
If you have received a reel which turns out to be defective or otherwise of poor quality, please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 6 (six) months after delivery / collection of the product.
We will arrange collection of the faulty reel from you at no charge to you, inspect the product to validate the claim and if successfully validated, we will institute repairs on the reel at no charge to you. Once the faulty reel has been repaired to a satisfactory state, at the discretion of Darksidetuning, we will return the repaired reel to you at no additional charge.
If we cannot repair the reel, we will provide you with a pro-rata refund, appropriate compensation based on usage of the product, any normal wear and tear and cosmetic change.
What is a defect?
- A defect is a material, design or mechanical imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
The following will NOT be regarded as defects and will not entitle you to a return: -
- faults resulting from normal wear and tear;
- damage arising from negligence, user abuse or incorrect usage of the product;
- damage arising from sea air corrosion;
- damage to lures, kept exposed to the sun for long periods, causing deformation of the product;
- damage to reels arising from submersion in water;
- damage arising from a failure to adequately care for the product;
- damage arising from unauthorized alterations to the product;
- where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, does not suit you.
There is no warranty offered, on rods, lures, terminal tackle, accessories and line. Unfortunately for these product categories we cannot facilitate returns or repairs.
Advisory on JDM Rods
As JDM rods are an expensive and precision instruments, with no warranty outside of Japan, Darksidetuning advises customers to INSURE their JDM Rods for accidental breakage. This is the simplest and most effective way to protect your investment.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in our Returns Policy.
Darksidetuning shall not be bound by any incorrect information regarding our products displayed on any third party websites.
Gift Vouchers & Coupons
Darksidetuning may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Darksidetuning Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
- Gift Vouchers that are purchased by registered users are valid for 1 (one) year after Sale.
- Gift Vouchers that Darksidetuning gives away for free are valid for the period stated thereon.
- In each case, if your Voucher has not been used within that period, it will expire.
- Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons.
- They do not accrue interest and are not refundable for cash once purchased.
- If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
Darksidetuning is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
- Coupons are issued in Darksidetuning’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner).
- Users do not have a right to Coupons, and Coupons cannot be earned.
- Coupons are issued under specific terms and conditions regulating when and how they may be used.
- Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit.
- Darksidetuning is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
- each Coupon can only be used once;
As a general rule, and unless specified otherwise on the specific Coupon itself:
- only one Coupon can be used per order;
- only one Coupon can be used on the Website per person per promotion/campaign;
- Coupons with a percentage discount offer may only be used on purchases with a total cart value of less than R1,000;
- a Coupon must be used at check-out – it cannot be used later on existing orders; and
- the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us to confirm if the Coupon is still valid.
If Darksidetuning confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Darksidetuning, before you are able to use a Coupon.
Changes to these Terms and Conditions
Darksidetuning may, in its sole discretion, change any of these Terms and Conditions at any time.
It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes.
Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website.
If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Darksidetuning, its suppliers and/or product manufacturers and/or is licensed to Darksidetuning.
You will not acquire any right, title or interest in or to the Website or the Website Content. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
Where any of the Website Content has been licensed to Darksidetuning or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Darksidetuning takes reasonable measures to ensure that the content of the Website is accurate and complete, Darksidetuning makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Darksidetuning representatives, Darksidetuning shall not be bound thereby.
Darksidetuning disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of Darksidetuning, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Darksidetuning also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Darksidetuning, its employees, agents or authorised representatives. Darksidetuning thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Linking to third party websites
This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Darksidetuning is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Limitation of liability
Darksidetuning cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Darksidetuning, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Contact Us page.
DARKSIDETUNING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE. YOU HEREBY INDEMNIFY DARKSIDETUNING AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
Darksidetuning may in its sole discretion terminate, suspend and modify this Website, with or without notice to you.
You agree that Darksidetuning will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Darksidetuning is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or coupon intended by Darksidetuning to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Darksidetuning, in whole or in part, on notice to you.
Darksidetuning shall only be liable to refund monies already paid by you (see Darksidetuning’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice to Darksidetuning.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and Darksidetuning, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (KwaZulu Natal Division, Pietermaritzburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Darksidetuning hereby selects Unit 3 25 Taufiq Place Taufiq Avenue Riyadh Verulam 4339 KZN Republic Of South Africa, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”).
Darksidetuning may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Darksidetuning not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by fax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the fax. All faxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
- by email will be deemed to have been on the date indicated in the “Delivered Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “DELIVERED RECEIPT” and “READ RECEIPT” FUNCTION to serve as proof that an email has been delivered and/or received.
Darksidetuning may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Darksidetuning to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.