Terms & Conditions
TERMS AND CONDITIONS
Last updated: 21 August 2014
This website and the products and services of Triumph International South Africa and its affiliates (collectively, "Triumph") available via this website (the "Site") are provided subject to the terms set forth herein. If you visit the Site, you agree to be bound by these Terms and Conditions.
Triumph reserves the right to make changes at any time to the Site or these Terms and Conditions. Any modifications to these Terms and Conditions will be effective upon posting. Your continued use of the Site following posting of any revised Terms and Conditions will constitute acceptance of the modified Terms and Conditions.
YOUR USE OF THIS SITE
Permitted Use and Restrictions: The Site includes information regarding Triumph, its products and services, photos, product descriptions, pricing information and other information and materials proprietary to Triumph or its licensors or service providers. You may download, view, copy and print information, materials and other aspects of the Site (i) solely for your personal, non-commercial informational purposes; and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered.
You agree to access the Site through a web browser, and specifically agree not to use any third party applications to access the Site or any page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application, or data mining or extraction tool to access, monitor, copy or use the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials). You additionally agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
You agree you will not interfere, in any way, with others' use of or access to the Site and will not attempt to gain unauthorized access to the computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any treaty, law or regulation and to fully comply with all applicable laws and regulations in your use of the Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using "framing technology," otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, including any photos or product descriptions, without the prior written permission of Triumph.
Triumph reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including without limitation any content thereof. Triumph's decision not to pursue legal action for any violation of these Terms and Conditions shall not be construed as a waiver of any of these Terms and Conditions or the legal rights of Triumph or its licensors or service providers.
Product Descriptions and Other Content: The Site includes images, pricing information and descriptions of products that may be purchased via the Site. While Triumph will use commercially reasonable efforts to ensure that any information contained on the Site is correct, Triumph does not warrant or guarantee that product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free. All measurements, weights, colors and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. All product descriptions, product prices, and product availability are subject to change at any time, without notice to you. And, the inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site.
Electronic Communications and Notice:
When you visit this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate.
Privacy: The terms of the Triumph Privacy Statement are hereby incorporated as part of these Terms and Conditions.
User Content: We allow Site users to rate and/or review our products and, in the future, may allow users to post other information or content. Any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, photos, videos or other content you or others transmit or post to this Site in any manner ("User Content") is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. We shall have no obligation to use, return, review or respond to any User Content, and we will have no liability related to such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Content that includes any material we deem inappropriate or unacceptable in our sole and absolute discretion.
Your User Content: You shall be solely responsible for the User Content you post and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You may not post or transmit in connection with this Site any User Content that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is abusive, vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this Site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, malicious, threatening or offensive;
- violates any law or may be considered by us in our sole discretion to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g. offering for sale products or services) or otherwise engages in any commercial activity;
- disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
User Content License Grant: You hereby grant to us, our successors and affiliates, and our service providers, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all User Content you communicate through this Site, and to incorporate any User Content in other works in any form, media, or technology now known or later developed. We may use any User Content in our business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future business operations.
In addition, you also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms and Conditions.
Third Party User Content: You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of User Content. Triumph does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Site. Any information or materials placed on the Site by our users are the views and responsibility of those who post the statements, and do not necessarily represent the views of Triumph.
Testimonials: Your User Content may include testimonials relating to your personal experiences with Triumph, its products or this Site (a "Testimonial"). You agree that we are under no obligation to use your Testimonial. By submitting a Testimonial you hereby consent, without further consideration, to the use of your likeness, voice, name (limited only to your first name, first initial of last name, city and state) and/or any statements made in such Testimonial in the dramatization, publication, display, copying, reproduction, performance and/or distribution, throughout the world, by or on our behalf of any image or photograph you submitted in a Testimonial in connection with the creation of marketing/sales print advertising, or Web site content including, without limitation, this Web Site, or an audiovisual work to be used by us or a third party authorized by us, either as a complete unit or in segments or in any derivative form, in any way we deem appropriate and for any purpose whatsoever in any medium including, without limitation, the Internet. You agree that we may use third parties to vocalize or act out a Testimonial or to create our own Testimonial based on adaptations or compendiums of your and others' Testimonials. You waive any rights of privacy and publicity, moral or other rights you may have in any such Testimonial.
Disclaimer of Warranties; Limitation of Liability: You expressly agree that your use of the site, or any information, content, products, services and/or materials contained in, accessed via, or described on the site, is at your own risk, and that all such information, content, products, services and materials are provided on an "as is" and "as available" basis. To the full extent permissible by applicable law, neither triumph nor its licensors or service providers makes any, and each hereby disclaims all, representations or warranties of any kind, express or implied, as to the availability, operation and/or use of the site, or any information, content, products or services on or accessed via the site, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance. In addition, triumph does not represent or warrant that any of the information accessible via the site is accurate, complete or current and triumph is not responsible for any errors or omissions therein or for any adverse consequences resulting from your reliance on any aspect of the site. Further, triumph makes no representations or warranties that the site will be uninterrupted, secure, or free of errors, viruses, or other harmful components.
In no event shall triumph or the directors, officers, employees, agents or representatives of triumph, or its service providers or its licensors (collectively, the "triumph parties"), in connection with this site, be liable to you or any third party for damages of any kind arising out of the use of, access to, reliance on, inability to use or improper use of the site or any information, content, materials, products or services available thereon (including, but not limited to, any direct, indirect, special, punitive, incidental or consequential damages or damages for loss of profits, goodwill or revenue, business interruption, or loss of data), even if advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise.
In the event of any problem with this site or any content, you agree that your sole remedy is to cease using this site. In the event of any problem with the products that you purchase on or through this site, you agree that your sole remedy, if any, is to seek a return and refund for such product in accordance with the returns and refunds policies posted on this site.
Certain state laws do not permit limitations on implied warranties or the exclusion or limitation of certain types of damages, and thus some or all of the disclaimers, exclusions or limitations above may not apply to you.
Indemnification: You agree to indemnify and hold the Triumph Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees, disbursements and court costs) incurred by any of the Triumph Parties arising from or in connection with (i) your use of the Site or any content, information or services contained, displayed or available therein; (ii) your violation of these Terms and Conditions; (iii) any Feedback (as defined below) provided by you to Triumph; or (iv) your violation of any rights of any third party.
Trademarks, Copyrights and Other Proprietary Rights: The design and all content of the Site, including, but not limited to, works of authorship, software, design, text, graphics, images, photos, sound recordings, product descriptions, pricing information, drawings, logos, button icons, videos and data compilations; any improvements or modifications to such content; any derivative works based on the foregoing; and the collection, arrangement and assembly of all content of the Site, are the property of Triumph, or its licensors or service providers, and are protected by South African and international copyright and other intellectual property laws. Nothing in these Terms and Conditions shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Triumph or any other person, and you may not modify the information or materials located on this Site in any way or reproduce, copy, download, stream or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose.
TRIUMPH, TRIUMPH INTERNATIONAL, Triumph's logo, TRIACTION BY TRIUMPH, SLOGGI and other marks displayed on the Site are the proprietary trademarks or service marks of Triumph or third parties. Triumph's marks may not be used in connection with any product or service that is not Triumph's, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Triumph. All trademarks and service marks not owned by Triumph that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Triumph. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the respective owner thereof.
Third Party Advertisements and Links to Third Party Sites: You acknowledge that, at any time, the Site may include links to the websites of third parties. Additionally, the Site may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to the sites of such advertisers. Triumph is not responsible for the content of such advertisements or any links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by Triumph of the advertisement or linked site or any content therein. In no event will triumph be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any advertisement displayed on the site, or any products, services or other materials relating to any such advertisement, any linked third party site, or any link contained in a linked site.
Denial of Access: If you are a registered user of the Site, Triumph may prohibit you from using or accessing the Site through your account, or may suspend or cancel your account, for any or no reason, at any time, in its sole discretion, without notice to you.
Locus of the Site; Governing Law; Dispute: The Site is controlled and operated from facilities in South Africa. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable South African and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by South Africa, or are a foreign person or entity blocked or denied by the South African government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in South Africa.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except for disputes where the remedy sought is an injunction or other equitable relief, in the event of any dispute between you and Triumph relating to these Terms and Conditions or the Site, you agree that such dispute shall be resolved by binding arbitration held in accordance with the then current commercial arbitration rules of the American Arbitration Association (the "Rules"), by a single arbitrator selected in accordance with the Rules. Any such arbitration shall take place in Cape Town, South Africa.
A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Miscellaneous: You may not assign or otherwise transfer these Terms and Conditions or any rights or obligations hereunder. Triumph's failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Triumph agrees to such waiver in writing.
If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms and Conditions set forth the entire understanding between you and Triumph with respect to the subject matter hereof and supersede any and all prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Triumph with respect to such subject matter.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter hereof.
You acknowledge that, in using this Site and purchasing products, you are not relying on any statement, representation, assurance or warranty other than as expressly set out in these Terms and Conditions.
Contact: If you have any questions relating to these Terms and Conditions, the Site or Triumph, please contact: email@example.com
MAKING PURCHASES THROUGH THIS SITE
This following portion of these Terms and Conditions sets forth the terms and conditions under which we supply the products ("Products") listed on the Site to you. Please read the following carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions. You should print a copy of these terms and conditions for future reference.
- Making Purchases – How the Contract is Formed between You and Us: You can choose Products and collect them in a shopping basket by using the button "Add to Shopping Bag." If, after fully completing the order page, you click on the button "Checkout" you make an offer to buy the Products in the shopping basket. All information that you provide in connection with a purchase of a Product must be accurate, complete, and current. By placing an order through the Site, you warrant that you are:
‐ legally capable of entering into binding contracts;
‐ at least 18 years old; and
‐ providing a valid address for delivery of the Products.
Prior to completing your order, you can access a summary page which allows you to see and change the selected Products and other information relating to your order. After completing an order, you will receive an e-mail acknowledging that we have received your order and including an order reference. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We only confirm such acceptance to you by sending you an e-mail that confirms that the Product has been shipped (the "Shipment Confirmation"). A contract for the purchase and sale of Products between us will only be formed when we send you the Shipment Confirmation. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any Product and/or to refuse service to any customer. We will also normally contact you if we are not accepting your order or part of your order for any reason.
- Obtaining an Account: In order to facilitate the purchase of our Products, customers have the option to register for an account via the Site. If you register for a customer account with Triumph, you acknowledge you are fully responsible for all activities that occur through the use of any password, user ID or other access methods (each, an "Access Method") you may be granted as a registered customer of Triumph, whether or not such use is authorized by you. You agree not to access or attempt to access any password-protected portions of the Site without an authorized Access Method or through any means other than by utilizing your authorized Access Method on the appropriate web page or web tools. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
- Prices: The prices of any Products will be as quoted on our Site from time to time, except in case of obvious error. However, our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our shipment procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when shipping the Product to you. If a Product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before shipping the Product, or reject your order and notify you of such rejection. Prices are subject to change at any time. Changes will not affect Products retrospectively for which we have already sent you a Shipment Confirmation. Prices do not include any applicable taxes. You also agree to pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
- Shipping and Deliveries: Deliveries are conducted through a warehouse located in Cape Town, South Africa. Unless otherwise set out on the Site, we use reasonable commercial efforts to ship orders within 2 days of receipt of payment. All delivery dates listed on this Site are estimates. When an order is accepted, it will be shipped to an address designated by the customer; provided, however, that we do not ship to P.O. boxes. All shipments are made pursuant to a shipment contract with an independent carrier not affiliated with, or controlled by, Triumph or its Site service providers. As a result, we cannot be held accountable for the delivery service. Risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Please see Shipping Policy for a current description of applicable shipping charges on orders.
- Payment: Payment for all Products must be by credit card. We accept payment by the following credit cards: Visa, MasterCard. You agree to pay all charges incurred by users of your credit card used in connection with a purchase at the prices in effect when such charges are incurred. We will not charge your credit card until we ship your order.
- Refunds/Exchange Policy: Please see Returns/Exchange Policy for a description of Triumph's policy regarding returns and exchanges of Products.
- Notices: All notices given by you to us must be given to us via email, letter or telephone, using our contact details set out below. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent or seven days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter that such letter was properly addressed, stamped and placed in the post, and in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
- Additional Assistance: If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our Customer Service Department on 021 521 6743 or contact them via email at firstname.lastname@example.org.
- You may use promotional coupon and gift vouchers as payment for regular priced products on the Site. Specific details for promotional coupons are at clause 6 and for gift vouchers at clause 7.
- Vouchers and coupons are redeemed on checkout on the Site.
- If you have a gift or promotional voucher, that voucher can be used by someone other than you.
- In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift/promotional coupon purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payments
- We assume no liability for the loss, theft or illegibility of gift or promotional coupons.
- Conditions for the redemption of promotional coupons
a) From time to time we may release, at our discretion, promotional coupons that may be used on the Site. Promotional coupons can only be redeemed on the Site.
b) Promotional coupons are valid for the specified period stated on them only, can only be redeemed against regular priced products and cannot be used in conjunction with other promotional coupons. Individual brands may be excluded from coupon promotions.
c) The credit of a promotional voucher be used exclusively for purchases on the Triumph website.
d) If you place an Order for a Product less than the value of the promotional coupon, no refund or residual credit will be returned to you.
e) The credit of a promotional coupon does not accrue interest nor does it have a cash value.
f) If the credit of a promotional coupon is insufficient for the Order you wish to make, you may make up the difference through payment.
- Conditions for the redemption of gift vouchers
a) You may purchase gift vouchers for use on the Site by yourself or as a gift. These gift vouchers will be sent to you via email.
b) Gift vouchers cannot be used to buy further gift vouchers. Gift vouchers may only be purchased through cheque or credit card or Pay-U.
c) The credit of a gift voucher does not accrue interest nor does it have a cash value.
d) Gift vouchers are not refundable for cash once purchased.
e) If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through payment.
f) Only one voucher can be redeemed per transaction.
Triumph FOC Loyalty Card Policy
- By accepting these terms and conditions you give Triumph International SA permission to contact you via sms/email in the future regarding:
- Earned stickers or rewards
- Loyalty Promotions