Terms & Conditions

Introduction

1.1 This website may be accessed at www.oxpromo.com

related mobile-sites and software applications (the "website") and is operated by OX Promo ("OX Promo", "we","us" and "our").

1.2 These website terms and conditions ("terms and conditions") govern the ordering, delivery of goods, sale and the use of the website.

1.3 These terms and conditions are enforceable and binding against every individual that enters or makes use of this website ("you", "your" or "user"), including without limitation each user who has been regarded below ("registered user"). By utilizing the website and by clicking on the “register now” button on the website, as may be applicable, one acknowledges that they have read and agree to be solely bound by the terms and conditions that are set forth.

1.4 The website enables an individual to shop online for different consumable products as well as precious metals such as gold and silver ("minerals/metals").

1.5 When an individual utilizes our website, in spite of their geographic location, one does so in agreement with these terms and conditions and provided that any delivery address, in addition with returns collections, is a valid delivery address around the world.

1.6 OX Promo will indicate on relevant product pages and checkout pages when certain goods are in stock or out of stock.

1.7 Your attention is drawn to these terms and conditions because they are of utmost importance and should be carefully noted.

1.8 If there is any provision in these terms and conditions that you do not understand, it is your responsibility to query OX Promo to explain it to you before you accept the terms and conditions or proceed with utilizing the website.

1.9 Nothing in these terms and conditions is intended or must be understood to unlawfully limit, restrict or avoid any obligation or right, as the case may be, created for either you or OX Promo in terms of the Consumer Protection Act, 68 of 2008 (the "CPA").

1.10 OX Promo allows the use of this website subject to the terms and conditions. By making use of this website in any way, you shall be deemed to have fully accepted all the terms and conditions unconditionally. You may not use this website if you do not agree to the terms and conditions.

3. Returns

3.1 Please refer to our Returns Policy for more information about returning products (and replacements or refunds). The returns policy is incorporated by reference (which means that it forms part of these terms and conditions).

4. Registration and use of the website

4.1 Only registered users may order goods on the website.

4.2 To register as a user, one must provide a unique username and password and give certain information and personal details to OX Promo. One will need to utilize their unique username and password to access the website in order to purchase goods.

4.3 You warrant and agree that your username and password shall:

4.3.1 be used for personal use only; and

4.3.2 not be disclosed by you to any third party.

4.4 For security reasons you agree to enter the correct username and password whenever ordering goods, failing will result in you being denied access.

4.5 You agree that, once the correct username and password relating to your account has been entered, regardless of whether the use of the username and password is unauthorized or fraudulent, you will be responsible for payment of such order, except where the order is cancelled by you in accordance with these terms and conditions.

4.6 You agree to notify OX Promo immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password, and to take the necessary precautions to minimize any resulting loss or harm.

4.7 By using the website, you warrant that you are 18 (eighteen) years of age or older and are of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may make use of the website only with the supervision and involvement of your parent or legal guardian. If your legal guardian or parent supervises you and gives his/her permission, then that individual consents to be bound to these terms and conditions and to be responsible and liable for you and all your obligations that are stipulated under these terms and conditions.

4.8 You agree that you will not in any way use any device, instrument or software to interfere or attempt to interfere with the proper working of the website. In addition, you adhere that you will not in any way utilize any spider, robot, other automatic device, or manual process to modify monitor, copy or distribute the website or the information contained within, without the prior written consent from an authorized OX Promo representative (such content is considered given for standard search engine technology employed by internet search websites to direct internet users to this website).

4.9 You may not make use of the website with the aim of distributing material that is slanderous, offensive, includes or amounts to any hate speech or is otherwise unlawful.

4.10 You may not by any means display, copy, publish, post, print or otherwise make use of the website or/and the information contained herein without the prior written permission and consent of an authorized OX Promo representative.

5. Conclusion of sales and availability of stock

5.1 Registered users can place orders for goods, which OX Promo may accept or reject. Whether or not OX Promo accepts an order, rests upon the availability of the goods, receipt of payment or payment authorization by OX Promo for the goods and correctness of the information relating to the goods.

5.2 NOTE: OX Promo will indicate the acceptance of your order by delivering the goods to you or permitting you to collect them, and only at that point may an agreement of sale between you and OX Promo come into effect the ("sale"). This is irrespective of any communication from OX Promo stating that your order or payment has been confirmed. OX Promo will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount that has already been paid.

5.3 Prior to delivery or your collection of the goods, you may opt to cancel an order at any given time on the condition that you do so before receiving a delivery or dispatch notice. After the delivery or the collection of goods, you may return the goods only in compliance with the returns policy.

5.4 Placing goods in a shopping basket or wish-list without completing the purchase cycle does not establish an order for such goods, and as such, goods may be removed from the shopping basket if the stock is no longer available or the price might alter without your notice. You may not under any circumstances hold OX Promo liable if such goods are not available or are not available at the specific price when you had initially completed or attempted to complete the purchase.

5.5 You acknowledge that stock of all the products on offer is limited and that pricing may alter at any given time without notice to you. OX Promo will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers for those goods are terminated on the website. However, we cannot guarantee the availability of stock. When goods are no longer available after you have placed an order, we at OX Promo will ensure that you are notified and you will be entitled to a refund of any amount already paid by you for such goods.

5.6 Please see details for Pre-orders in our Help Centre: Pre-order, which are incorporated by reference.

6. Payment

6.1 We are committed to providing secure online payment amenities. All transactions are encrypted using appropriate encryption technology.

6.2 Whether the goods are for sale by OX Promo, payment may be made for goods via the following methods (depending on its availability and/or your eligibility to use such a method) –

6.2.1 debit card; where payment is made by debit card, we may require additional information in order to authorize and/or verify the validity of payment. In such instances we are entitled to withhold delivery until such time as the additional information has been provided and is received by us, and the authorization is obtained by us for the amounts. If OX Promo does not receive authorization on your order for the goods, then this will result in the goods being cancelled. You warrant that you are fully authorized to make use of the debit card supplied for the specific purpose of paying for the goods. You also warrant that your debit card has sufficient available funds to cover all the initial costs that are incurred as a result of the services used on the website;

6.2.2 credit card: where payment is made via credit card, OX Promo will require additional information in order to verify and authorize the validity of the payment. In such cases we are entitled to withhold delivery of the goods until such time as the additional information is received by us and authorization is acquired by us for the amounts. If we do not receive authorization, your order for the goods will be terminated. You affirm that you are fully authorized to use the credit card supplied for the aim of purchasing the goods. You also affirm that your credit card has sufficient available funds to cover all the costs incurred as a result of the services utilized on the website;

6.2.3 direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 7 days of placing your order.

OX Promo will not accept your order if payment has not been received;

6.2.4 Instant EFT;

6.2.5 Cash on delivery; by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.

6.3 You may contact us to obtain a full record of your payment. We will also send you email communications about your order and payment.

6.4 Once you as the buyer have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the goods.

7. Delivery of Goods

7.1 OX Promo offers two methods of delivery of goods to you. You may choose delivery via:

7.1.1 courier; or

7.1.2 shipping

7.2 Our delivery charges are subject to change at any given time, without any prior notice to you as the buyer. You will be able to view the applicable delivery charges in your cart when you check out.

7.3 Where it accepts your order, OX Promo will deliver the goods to you as soon as reasonably possible, but no later than 30 days of receipt of your payment (“delivery period”). We will duly notify you if we are unable to deliver the goods during the delivery period. You may then within 7 days of receiving such notification choose whether or not to cancel your order for the goods. If you opt to cancel your order, we will reimburse you for the purchase price.

7.4 OX Promo’s duty to deliver a product to you is fulfilled when we deliver the product to the physical address or port nominated by you for the delivery of the order. OX Promo is not responsible for any loss or unauthorized use of the product, after the company has delivered the product to the physical address nominated by you.

8. Errors

8.1 We shall take all reasonable efforts to accurately reflect the description, purchase price, availability and delivery charges of goods on the website. However, should there be any errors of whatever nature on the website (which are not due to our flagrant negligence), we shall not be liable for any claim, expense or loss 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 that has already been paid, or otherwise set out in the returns policy.

8.2. Privacy policy

We respect your privacy and will take all necessary steps and measures to protect it, if you wish to fully review the detailed policy you may find it under Privacy Policy, which is incorporated by reference.

8.3. Changes to these terms and conditions

8.3.1 OX Promo may, in its exclusive discretion, alter any of these terms and conditions at any time. It is your responsibility as a customer/buyer to regularly view these terms and conditions and ensure that you are satisfied with the changes. Should you not be satisfied, you should not place any additional orders on, or in any other way utilize the website.

8.3.2 Any such change will only apply to your use of this website after the change is shown on the website. If you utilize the website after certain amended terms and conditions have been shown on the website, it will be considered that you have accepted such changes.

9. Electronic communications

When you visit the website or send emails to us, you agree to receiving communications from us or any of our divisions, partners or affiliates electronically in accordance with our Privacy Policy.

10. Ownership and copyright

The contents of the website, including any material, data, software, information, graphics, text, icons, advertisements, sound clips, images, lay-outs, trade names, video clips, logos, trademarks, service marks and designs which are displayed on or incorporated in this website ("website content") are protected by the law, in addition but not limited to trade mark law and copyright. The website content is property of OX Promo, its advertisers and sponsors.

10.1 You will not acquire any right, interest or title in or to the website content or the website.

10.2 Any use, reproduction, distribution of the website content is illegal unless express permission is given in terms and conditions or otherwise provided for in law. To get consent for the commercial use of any website content contact us via our Email or Contact.

10.3 Where any of the website content has been licensed to OX Promo or belongs to any third party, your rights of use will be contingent on any terms and conditions which that licensor or third party implements from time to time.

11. Disclaimer

11.1 The use of the website is completely at your own risk, and you accept full responsibility for any risk or loss resulting from the use of the website or reliance on any information on the website.

11.2 Whilst OX Promo takes necessary measures to ensure that the content of the website is complete and accurate, OX Promo makes no warranties or representations, whether communicated or implied, as to the operation, timeliness, quality, operation, availability or functionality of the website or as to the completeness, accuracy or reliability of any information on the website. If any such warranties or representations are made by OX Promo's representatives, OX Promo shall not be bound thereby.

11.3 OX Promo disclaims liabilities for any loss, expense, damage, whether consequential, direct or indirect in nature, resulting from or in connection with your access to or use of the website and any content unless otherwise provided by law.

11.4 The website itself and all information provided on the website is “as is” without warranty of any kind, either conveyed or implied, including, but not limited to, the warranties of merchantability, completeness, or non-infringement, fitness for a particular purpose, as may be permitted in law.

11.5 Any statements or views made or expressed on the website are not necessarily the views of OX Promo, its directors, employees and agents.

11.6 In addition to the disclaimers contained elsewhere in these terms and conditions, OX Promo also makes no representation or warranty, whether straightforward or implied, that the information or files available on the website are free of spyware, trojans, viruses, malware, destructive materials or any other data or code which is able to corrupt, compromise, destroy, disrupt, disable, harm, jeopardize or otherwise hinder in any way the operation, security functionality, stability or content of your computer system, computer network, any mobile device or handset, software or hardware in any way.

11.7 You accept all risk affiliated with the existence of such viruses, destructive materials or any other data or code which has the means to corrupt, jeopardize, harm, disable, disrupt or otherwise hinder in any way the content or operation of a computer system, computer network, any mobile device or handset, or your software or hardware, unless such risks arise due to the willful misconduct or gross negligence of OX Promo, its agents, employees or authorized representatives. OX Promo disclaims all liability for any damage, liability or loss of any nature whatsoever as a result of or in association with your access to or use of the website.

12.1 This website may contain references or links 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 OX Promo is not liable for the practices and/or privacy policies of those third-party websites or the “cookies” that those sites are making use of.

12.2 In spite of the fact that the website may provide or refer to third party websites, your usage of such third-party websites is wholly at your own risk and OX Promo is not responsible for any loss, damage, claim, expense, whether direct or indirect or consequential, caused by your use of third-party websites or your reliance on any information contained thereon.

13. Limitation of liability

13.1 OX Promo cannot be held responsible for any inaccurate information that is published on the website and/or any invalid prices shown on the website, unless where such liability becomes apparent from the willful misconduct or gross negligence of OX Promo, its agents, authorized representatives and employees. You are advised to contact us to report any possible errors or malfunctions by way of our Help Centre.

13.2 OX PROMO SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM THE UTILIZATION OR RELIANCE UPON THE WEBSITE OR THE CONTENT INCLUDED ON THE WEBSITE, OR YOUR INABILITY TO USE THE WEBSITE, AND OR ILLEGAL ACTIVITY ON THE WEBSITE AND ANY LINKED THIRD-PARTY WEBSITE.

13.3 YOU HEREBY RECOMPENSE OX PROMO AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH COULD BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY METHOD FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

14. Availability and termination

14.1 We will utilize logical endeavors to maintain the availability of the website, except during scheduled maintenance periods, and are permitted to discontinue providing the website or any part thereof with or without notifying you.

14.2 OX Promo may in its sole discretion terminate, modify and suspend this website, with or without notice to you. You agree that OX Promo will not be responsible to you in the occurrence that it chooses to modify, suspend or terminate this website other than for processing any orders that you have made prior to such time, to the degree possible.

14.3 If you fail to comply with your agreements under these terms and conditions, including any event involving payment of the price of an order for any goods, this may (in our sole discretion with or without notice to you and the customer or buyer) lead to a suspension and/or termination of your access to the website without any prejudice to any claims for damages or apart from that we may have against you.

14.4 OX Promo is entitled, for purposes of obviating suspected fraud and/or where it conjectures that you are abusing the website and/or have created multiple user profiles to take advantage by attempting to commit malpractice while using the website’s services. OX Promo will thereby have the right to blacklist you on its database (including suspending or terminating your access to the OX Promo website). OX Promo may also refuse to accept or process on any order, and/or cancel any order completed between you and OX Promo, in whole or in part, notice to you. OX Promo may only be responsible to refund monies already paid by you (see OX Promo's returns policy in this regard). OX Promo accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

14.5. At any given time, you may choose to cease using the website, with or without notice to OX Promo.

15. Governing law and jurisdiction

15.1 These terms and conditions and our relationship and/or any disagreement arising from or in relation with these terms and conditions shall be interpreted and governed in compliance with the laws of the United Arab Emirates and the Republic of South Africa. Your continued utilization of the website will constitute your submission and consent to the jurisdiction of the United Arab Emirates and Southern African courts regarding all proceedings, applications, transactions or the like instituted by either party against the other, emanating from any of these terms and conditions.

15.2 In the event of any dispute arising between you and OX Promo for the sale of consumable goods/products and precious metals such as Gold and Silver, you agree that the sale occurs in the United Arab Emirates or the Republic of Southern Africa and you hereby consent to the non-exclusive jurisdiction of High Court of the United Arab Emirates or the Republic of Southern Africa (Gauteng Division, Pretoria) nevertheless the quantum in the proceedings or action may otherwise fall below the fiscal jurisdiction of that court.

15.3 These terms and conditions limits your right to approach any court, forum or tribunal of proficient jurisdiction in terms of the Consumer Protection Act 68 of 2008 (CPA).

16. Notices

16.1 OX Promo hereby selects 3 Mohammed Bin Rashid Boulevard, Downtown Dubai, United Arab Emirates, and 21 Spantou Avenue, Wapadrand, Pretoria, South Africa as its address for the service of all formal notices and legal processes regarding these terms and conditions ("legal address"). OX Promo may change its address from time to time by updating these terms and conditions.

16.2 You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address of your choosing by giving OX Promo no less than 7 days' notice in writing.

16.3 Notices must be sent either by hand or email and must be in English. All notices sent -

16.3.1 by hand will be regarded as having been received on the date of delivery;

16.3.2 by email will be regarded as having been on the date indicated in the “read receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US SHOULD MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

17. Complaints

17.1 If you have a complaint about the consumable goods/products or the precious metals such as gold and silver bullion coins, bars etc.) or services provided by us, or if you need information regarding our internal complaints-handling process, please get in touch with us via our Help Centre on the website or you can contact our call center on +27 64 325 3904.

17.2 If we are incapable in solving your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can bring the matter to the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are:

Website: https://www.cgso.org.za/ Sharecall: +27 860 000 272

Email: complaints@cgso.org.za

18. Information

18.1 For the purpose of the Electronic Communications and Transactions Act 25 of 2002 (ETA), OX Promo is as follows, which must be read in conjunction with its product descriptions and other terms and conditions included on the website:

18.1.1 Full name: OX Promo, a private company registered in the United Arab Emirates and the Republic of Southern Africa.

18.1.2 Main business: Online retailer.

18.1.3 Physical address for receipt of legal service (also postal and street address):

3 Mohammed Bin Rashid Boulevard, Downtown Dubai, United Arab Emirates. 1st Floor, 21 Spantou Avenue, Wapadrand, Pretoria, 0050 South Africa (marked for attention: CEO and Legal).

18.1.4 Office bearers: Jo-Ann Heuveling, Shannon Forbes and Mereis Govender.

18.1.5 Phone number: +27 64 865 3904

18.1.6 Email address: Head office email – info@oxpromo.com

Enquiries email – o.xpromotions1@gmail.com

19. General

19.1 OX Promo may, in its sole inclination, at any given time and for any reason and without prior written notice, suspend or terminate the operation of the website or the user’s right to make use of the website or any of its contents subject to OX Promo processing any orders then already made by you as the customer/buyer.

19.1.1 You may not bequeath, assign or otherwise transfer your obligations and rights with regard to these terms and conditions to any third party.

19.1.2 Any failure on the part of you or OX Promo to enforce any right in terms at this point shall not constitute an abdication of that right.

19.1.3 If any condition or term included herein is declared void, the remaining terms and conditions will continue in full force and effect.

19.1.4 No deletion, variation, addition or agreed cancellation of the terms and conditions will be of any force or effect or otherwise in writing and accepted by or on behalf of the parties to this document.

19.1.5 No gratification, relaxation, extension of time or latitude which any party (the "grantor") may show, allow or grant to the other (the "grantee") shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor may not as a result of that be stopped or prejudiced from exercising any of their rights against the grantee which may have arisen previously or which might occur in the future.

19.1.6 These Terms and Conditions contain the full agreement between you and OX Promo and no other warranty or undertaking is legitimate, unless contained in this document between parties.