Terms and conditions of use

Use of Site

You may only use this site to browse the content, make legitimate orders and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ’Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided ”as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

Clowns of Cape TownCC t/a CLOWNS HOBBIES, hereafter referred to as the ”company”, assume no responsibility for errors or omissions in these contents.

The company further does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The company shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The company cannot assume any obligation or responsibility.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Our Rights

The company reserves the right to:

  1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  2. Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
  3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Privacy Policy

CLOWNS HOBBIES is committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.

All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.

We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Third Party Links

In an attempt to provide increased value to our Users, Clowns Hobbies may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Dealers

1. Customer login

  • The ability to register and order on www.clownshobbies.co.za is provided at the sole discretion of the Directors and management of Clowns Hobbies.
  • The Customer is not authorised and may not share their login credentials with any other party.
  • Clowns Hobbies reserves the right to suspend or terminate access to the online account of any Customer.

2. Stock Levels and Pricing

Our stock levels are updated once a day. All prices are updated automatically on a daily basis and are displayed to customers in ZAR (VAT excl). Because of stock movement and other factors, stock levels may not be accurate. In the event that we are unable to supply an item or items ordered, we will communicate this to the customer. The customer may at that time elect to park the order for restock, cancel the order for those specific items, or cancel the entire order.

Every effort is made to ensure that these systems operate correctly. In the event of failure of these systems or incorrect display of pricing and/or availability information we will not be responsible for any losses incurred – refer point 3. of “Our Rights”.

Clowns of Cape Town t/a CLOWNS HOBBIES reserves the right to change pricing at any time without prior notice.

3. Order Policy and Discounts

This login is only available to assist with the placing of orders as well as a quick and effective way to obtain the most recent pricing and stock levels.

All orders placed on this website are subject to confirmation by us via email or phone call before processing. We are at no time obligated to supply you the with goods until such time as we have confirmed your order via email or call and you the customer have paid for the goods. 

We reserve the right to apply , modify or remove any discounts from any product at any time. Prices and discounts are only fixed when you are issued with the final CLOWNS HOBBIES invoice.

4. Delivery Policy

The delivery method requested prior to confirming your order on the website will be used. Clowns Hobbies will not be responsible for the cost incurred or inconvenience caused should the wrong delivery method be selected. In-Transit Insurance of goods is sole responsibility of buyer – please advise if insurance is required.

Payment and Banking details

Payment is required prior to the delivery of goods ordered. EFT details will be provided on the final CLOWNS HOBBIES invoice.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Consent

I understand that all the designs and trademarks are registered to Clowns of Cape Town CC and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs of the company or its suppliers directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Jeffrey Stein Sales (Pty) Ltd for any civil action or any legal action deemed necessary against me.

A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002