The Snail and the Whale

1. Overview

Last Updated: October, 2018 - Welcome to iKura Express! These terms govern your use of the website. Access to the services, content and downloads available on the iKura Express 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).

 

• The iKura Express website is provided as a convenience to you and our customers for informational purposes only. In order to use the iKura Express 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.
• 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. iKura Express will post the revised terms on the website. You may use the iKura Express website for your own personal non-commercial use and not for republication, distribution, sale or other use.
• 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 iKura Express
• 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.
• 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 iKura Express.

 

2. Definitions

In the iKura Express 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 iKura Express;

2.2.  “we” or “us” or “iKura Express” means iKura Express whichever one applies.

2.3.  “website” means www.ikuraexpress.co.za.

2.4.  "iKura Express website” means www.ikuraexpress.co.za.

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

 

3. Returns

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). https://ikuraexpress.co.za/pages/shipping-returns-policy

 

4. Registration and use of the Website

 

4.1.          As a user, iKura Express 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.

4.2.         You, the customer, hereby agree and acknowledge that:

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 the foregoing, the Customer specifically acknowledges and agrees that, when reporting Personal and other information to iKura Express;

Such information will include all mandatory data;

It 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;

You are entitled to submit the information to iKura Express, for the purpose of iKura Express 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 iKura Express and the customer.

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

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 meta words(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

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 iKura Express competitions, promotions, studies, reviews and surveys, as well as additional services. (“Optional Details”).

Details submitted, when registering or transacting, for the purpose of using the services on the iKura Express 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.

“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. iKura Express 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.

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.

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. iKura Express 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.

iKura Express 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.

 

We may use your Usage Details to:

 

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

Automatically provide you with the latest version of the Ikura Express application on your system;

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;

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

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

iKura Express 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).

If you are an iKura Express website users, you agree that we may also electronically gather, save and use the following of your information:

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

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

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

iKura Express Website Users collects the aforesaid information from you in the following manner:

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 iKura Express website user and/or thereafter by you actively transacting, updating or supplementing such details in your iKura Express website users Account.

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

We use your Debit or Credit Card Details in order to provide the Services (including the verification thereof when you transact with iKura Express) 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 iKura Express User Account, to manage and administer your use of the Services and fulfil our contractual obligations, including the verification of your identity when you transact with iKura Express. 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

Any user, who commits any of the offense 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 iKura Express and its partners/affiliates.

 

You may not:

 

Provide any untrue or incorrect information to the website or iKura Express;

Modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;

Lease, sell, assign or in any other way distribute the website or any information obtained from the website without the prior written consent of iKura Express;

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

Frame any pages of the website;

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.

Use the interactive sections of the website, for instance forums, clubs, surveys and e-mailing, to post any material which in iKura Express’s 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. iKura Express 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. iKura Express 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 thirteen (13) and iKura Express will not knowingly collect information from users in this age group.

 

5. Conclusion of Sales and Availability of Stock

 

 

A sales order will only be deemed as completed once you have completed the purchase cycle and an approved payment/order confirmation is received. 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 iKura Express cannot be liable to honor any Price changes or if such products are not available.

 

iKura Express 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) iKura Express 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. (iKura Express may limit the quantity of sale goods per consumer.) iKura Express strives to ensure that we minimise out of stock situations. iKura Express 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. Please refer to our termination of sale process should you opt for a full refund.

 

6. Displaying of Prices and Price Beat Policy

 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. iKura Express takes utmost care to ensure that the displayed prices are correct. 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. However, should products be erroneously offered at incorrect prices and/or delivery charges for any reason whatsoever, specifically also including negligence or gross negligence on the part of iKura Express, iKura Express will not be obliged to sell products at such incorrect prices and/or delivery charges nor will iKura Express be held liable for any damages caused whatsoever as result of such erroneous prices, but shall refund monies paid by you should you not want the product at the correct price and/or deliver charge.

 

All transactions are conducted in South African RAND (R) (ZAR) through PayFast (Pty) Ltd. When PayFast (Pty) Ltd processes a transaction for you via any of their secure payment web services, the transaction is encrypted. The PayFast (Pty) Ltd security policy can be found at: https://support.payfast.co.za/section/24-security-and-trust-questions.

 

7. Currency, Payment Methods and Transactional Security

All transactions are conducted in South African RAND (R) (ZAR) through PayFast (Pty) Ltd. When PayFast (Pty) Ltd processes a transaction for you via any of their secure payment web services, the transaction is encrypted. The PayFast (Pty) Ltd security policy can be found at: https://support.payfast.co.za/section/24-security-and-trust-questions.

 

Please also read the PayFast (Pty) Ltd Terms and Conditions, located at: https://www.payfast.co.za/end-user-agreement. By submitting a sales order through any of the iKura Express 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 iKura Express, 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).

 

• iKura Express accepts the following types of payments on its website:

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.

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 iKura Express's account which is subject to the following Terms and conditions:

Instant EFT: 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). iKura Express cannot be held liable for any delays, errors, fees, bank affiliated fees / admin charges and currency fluctuations. PayFast Instant EFT only facilitates the transaction between you and your bank. The terms and conditions existing between you and the Bank still apply. PayFast 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 Instant EFT confirmation (please refer to our delivery timeframes T&C’s for info). As we do not store your banking details when conducting an Instant EFT, should you request a refund, we will require you to furnish your Bank account details anew.

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

No cheque deposits are accepted.

Masterpass: Please refer to http://www.mastercard.com/za/consumer/terms-of-use.html for Masterpass terms and conditions. By using Masterpass as an online payment method, you agree to the following terms and conditions: Any queries relating to your Masterpass account, statement or else will be directed to Masterpass iKura Express is in no way obliged to assist, direct or manage any Masterpass concerns, issues or general information requests and no such requests will be entertained Masterpass returns and exchanges will be dealt with in the same way as any other product return. Please refer to our Returns Terms and Conditions You will not be refunded in cash for any Masterpass transaction. iKura Express cannot be held liable for the time it takes for your application to be concluded and is in no way obligated to honor any promotional and or limited stock products should these be sold out after your application is approved. The various card issuers and card types have different refund or reversal rules and these might change without notice or warning from the issuer. Savings and debit cards must be refunded in full and can take up 3 days or up until 19:00 if conducted on the same day. Transactions for ABSA issued cards can take up to 3 days to reflect. Credit and cheque cards have an up to 90 day refund or reversal window and partial credits can be done on these card types. Refunds not failing into these categories will need to be refunded via EFT.

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 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. Please email a copy of your deposit slip/transfer to procurement@ikuraexpress.co.za. Your delivery timeframe is dependent and will commence on the time and date of the funds reflecting in iKura Express's account and on condition that your deposit slip has been mailed to procurement@ikuraexpress.co.za.

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 PayFast Instant EFT, 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 iKura Express deploy technology, such as 3D Secure, which has been designed to protect you while you shop. iKura Express 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 iKura Express, in whole or in part, on notice to you. iKura Express shall only be liable to refund monies already paid by you (see Ikura Express's 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.          Free Delivery:

Free delivery applies to online deliveries only and must meet the criteria to qualitify. Our free delivery promotion/option is only valid for orders with a purchase value of R3500 or more and valid for deliveries within a 25km radius from any SA iKura Express Collection Facility. Free delivery option Excludes All large Appliances and Component Audio Systems (Deliveries further than 25km radius from any SA iKura Express Collection Facility will be quoted for, no such deliveries will be conducted if the quoted delivery fee is not paid in full.) . In order to qualify for our free delivery option, you must spend R3500 or more within the same transaction.

Delivery: Important to note

iKura Express delivers within the borders of South Africa only.

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.

You accept that iKura Express 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.

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.

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)

Failed delivery:

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.

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 it’s quantity as per your waybill/purchase order, you agree to notify us immediately upon receipt of such delivery on 083 852 0439 or via mail procurement@ikuraexpress.co.za ,to have the incorrect goods collected and the correct goods delivered to you.

Damaged Goods delivered:

Please notify us within 24 hours of receipt of delivery on customercare@ikuraexpress.co.za or 083 852 0439, 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).

Price of delivery:

Delivery prices differ and are determined by the following:

Location within major centers or Outlaying Delivery Areas

Weight and Dimensions of total purchase order

In the instance of special delivery deals the price of product or total purchase order value could

determine the delivery rate.

The price of your delivery is calculated automatically and will be displayed prior to the payment

process, in the shopping cart and at checkout.

Delivery Periods important to note:

Delivery service time frame 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.

 

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.

 

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 3 working days. The following areas may experience delays due to airline constraints: George, Nelspruit, Richards Bay, Polokwane and Welkom.

 

We offer the following types of delivery options:

24 to 72 Hours Delivery (for items on “NEXT DAY DELIVERY” Category).

This service is available throughout South Africa and delivery will be effected within 24 to 72 hours (Monday to Friday , excludes weekends and public holidays) on condition that your order is placed and payment as well as your order confirmation is received. Certain Outlaying Delivery Areas routes and major centers may experience a 24-hour delay on shipments to or from any Outlaying Delivery Areas.

Please refer to our “Shipping & Returns policy” for overseas suppliers https://ikuraexpress.co.za/pages/shipping-returns-policy