GENERAL TERMS AND CONDITIONS
Last modified: 20 October 2020
Please take a moment to read these general terms and conditions (the “General Terms”) to understand how they apply to your installation, access and/or use of our websites, mobi sites service (collectively for information or shopping.
If you have any questions regarding these General Terms please contact us.
Who Owns the Services?
The Services are owned and operated by Foam Makers CC, a company registered in the Republic of South Africa (Reg. No. 1999/060926/23), which has its registered office at 19 van tonder street sunderland ridge, South Africa. Driftaway is a subsidiary of Foam Makers CC.
Terms and Conditions Apply
These General Terms apply to your use of the Services and incorporate the Online Shopping Terms, as well as our Privacy Notice which may also apply to you, so please take a moment to read them. By using the Services, you acknowledge that you have read and understood these General Terms and agree to be bound by them.
Amended or Updated Terms
We may periodically update or change the General Terms, without notice. You should check them from time to time as your continued use of our Services will mean you accept any updated or revised General Terms.
Law and Arbitration
These General Terms are governed by the laws of the Republic of South Africa. Any dispute arising in relation to these General Terms shall, to the extent permitted by law, be referred to arbitration in Centurion at a venue of our choice applying the Uniform Rules of the High Court of South Africa.
You are welcome to browse or use our Services for your own personal, non-commercial, shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of any of our websites, the uploading of any unlawful or damaging information or viral software or the creation of any links to our websites is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Services and/or the contents of our websites contrary to these General Terms.
We reserve the right to suspend our Services or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the Services in compliance with these General Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
Use of our Services Outside South Africa
Customers who are not resident in South Africa are welcome to use our Services in accordance with these General Terms to make online purchases provided that the delivery address is in South Africa.
We send out various newsletters and other marketing material. You are free to unsubscribe from any marketing material at any stage. It may take up to 21 days for your profile to be updated.
Accuracy of Content
All reasonable steps are taken to ensure that the information accessed via our Services is accurate and up-to-date. We do not however warrant that the content or information displayed is always accurate, complete and/or current.
Advertising and Hyperlinks
External hyperlinks may appear on our website. We do not necessarily have a relationship with any third party which is linked to our website, nor does a link signify our endorsement of the third party, its products and/or services. Your reliance on any information contained in such third party material is entirely at your own risk.
ONLINE SHOPPING TERMS AND CONDITIONS
Last modified: 20 October 2020
Please take a moment to read these online shopping terms and conditions (“Online Shopping Terms”) to understand how they apply to your online purchase of any products or services.
You are required to register with us before placing your first order online. Please click on Register to complete the registration form. Registration and/or use of our online shopping services constitutes your acceptance and agreement to be bound by these General Terms of our Services.
To register you will be required to provide certain personal information including personal and payment card details, as well as an email address and password. Please keep your personal information secure. We accept no liability for any damages suffered or losses incurred from the unauthorised use of your personal information. You will be required to enter your email address and password each time you visit our online shopping site. To amend any of your details, please go to “My Account”.
Product Sales and Availability
All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa to areas where we deliver. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.
We have made every effort to display as accurately as possible the colours of the products that appear on our website. However, as the actual colours you see will depend on the device that you use to access our website, we cannot warrant that your device’s display of any colour will be accurate.
We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our website, mobi site. Packaging may vary from that shown on our website.
You will be charged the prices that are reflected on our website, subject to availability and delivery address. Prices and promotions may vary depending on whether you have access to our Services via our website. Certain products are variable/random mass items. The average mass of such products may be indicated online as a guide to the cost; you will be charged slightly more or less, depending on the actual weight of the product delivered to you. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. Special promotions apply only to items on your original order (i.e. not on items which are added after the order was placed).
A delivery fee will be charged for each order you place.
When you place your order, funds equal to the total value of your order will be reserved against the card you are paying with during the checkout process. To allow for any possible product substitutions, payment will only be effected once your order is ready for delivery.
By submitting your order, identity number and payment card details you warrant that you are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
Deliveries are made Monday to Friday, 10 a.m. – 5 p.m.; Saturday from 10 a.m. till 5 p.m., and Sunday from 10 a.m. till 1 p.m. Public Holidays are subject to special delivery times.
On delivery, you will receive our delivery note showing a summary of the items delivered. You will receive by email a detailed tax invoice showing the product price details, the delivery fees, Value-Added Tax and the amount debited from your payment card. You or your authorised representative will be asked to sign a duplicate copy of the delivery note to confirm receipt. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf.
Should no-one be in attendance at the time of delivery, the driver will keep the products and leave a notice. The driver will try to contact you to make new arrangements for delivery or collection. We reserve the right to charge an additional delivery fee should it be required. Our liability for any delay in delivery is limited to re-delivery at a later agreed time at no additional charge.
Returns & Refunds
If you are for any reason dissatisfied with any item purchased online, you may return it to any Driftaway store within 60 days of purchase for a full refund, replacement or exchange, provided you have the original tax invoice, and it is in a saleable condition. Should you not have an invoice, we will be happy to exchange your purchase at the current system price.
If for any reason you would like to cancel an order this may be done by visiting “Your Orders” on our website, mobi sites or by contacting our Customer Services Centre on 012 666 8302. You will only be able to cancel orders until 5p.m on the day prior to the date of delivery. We may debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will remain liable for the full purchase price, including all related costs. We reserve the right to cancel any sale and/or your registration in the event of a breach of any of these or the General Terms.
Risk and Ownership
Risk in the products shall pass to you or your authorised representative on delivery. We will retain ownership of the products until payment is received in full.
PROTECTING YOUR PRIVACY
Last modified: 20 October 2020
Protecting your privacy is as important to us as it is to you. For us, it’s more than just making sure we comply with the relevant legislation; you trust us with your personal information and we respect that trust. This privacy notice explains why and how we collect, use and store your personal information. If you have any questions please contact us at 012 666 8302
What is this notice about?
We want you to understand who you are sharing your information with, what kind of information we are collecting and how we use the information.
In your day-to-day dealings with Driftaway we obtain information about you. We want you to know exactly what that information is and what we do with it. After all, trust is nothing without transparency.
We need your information to deliver the right product, at the right time and in the right place.
We ask for your information to make sure that we can offer the right product at the right time and in the right place., analysing your data to better understand what your needs are, and sending you promotional information.
The Protection of Personal Information Act protects you.
The Protection of Personal Information Act (POPI) is aimed at protecting your personal information and prescribes what we must and must not do with it. POPI created an Information Regulator who checks that companies like Driftaway manage personal information in a responsible manner that respects your privacy.
This privacy notice is part of our agreement with you.
This privacy notice forms part of our agreement with you. You should read it along with the terms and conditions that apply.
This notice may change from time to time.
From time to time we may have to amend this notice to accommodate changes in our business or services or if legal requirements change.
Who you are sharing your information with
Driftaway is a group of companies.
You know us just as Driftaway, but in fact we are a group of companies that includes Foam Masters Capetown, Foam Factory East London. When you share your information with one of these companies, you may also be sharing it with one of the others.This notice relates to the following three companies:Foam Makers CC Fom Masters CT and Foam Factory East London: If you join the Driftaway online buying programme Foam Makers CC requires your personal information. In addition, your personal information may also be used in the day-to-day business of providing Driftaway products to you.
We conduct surveys from time to time.
We send out surveys from time to time. You can choose to respond or not, and you can unsubscribe from receiving them.
We collect information while you use our website.
When you shop at www.Driftaway.co.za we collect standard information about your internet connection and website use. We collect this information from registered and unregistered users. We use this information to help us improve our website and online services.
The type of information we collect includes the URL you came from, IP address, domain type, browser type, the country and telephone code where your device is located, the web pages viewed during your visit, the advertisements you clicked on, and any search terms you entered on our website (user information).
When you place an online order with us, we may offer to store your payment card details for your convenience so you do not have to re-enter these details in future. However, if you prefer that we do not retain these details, you can go to ‘My Account’, click on ‘Edit or delete a credit card’ and delete any card information that we hold about you.
A cookie is a small piece of information stored by your browser on your device. It may contain some personal details, the contents of your shopping basket, and date and time information in an encrypted format, which can be recalled when you return to the Driftaway website. This speeds up our identification, ordering and delivery processes.
You can opt out of Google Analytics for Display Advertisers and out of customized Google Display Network advertising by visiting Google’s Ad Preferences Manager.
We collect information when you contact our Call Centre to respond to your query.
When you contact our customer support services, we collect information that helps us to categorise your query, respond to it and, if applicable, investigate what went wrong. We also use this information to track potential problems and trends to customise our support responses to provide a better service to you.
We don’t collect the information of persons under 18.
We do not collect the information of persons under 18 without the consent of their parents or guardians. If you are under the age of 18 you must not provide personal information to us without the consent of your parent or guardian.
Our facilities are monitored by CCTV cameras.
Our facilities are monitored by CCTV cameras for public safety, crime prevention and quality control.
Why we need your personal information
We use your personal information to provide our products and services to you.
We use your personal information to provide our products and services to you. This includes:
- processing your payment card details in order to complete any purchase,
- delivering products that you order online,
- sending statements and any other legal documents,
- any other purpose relating to providing products and services, and
- when we have a legal duty to use or disclose your information.
Your rights and preferences
You have the right to know what personal information we have about you, to correct it and to opt out of any marketing.
You have the right to:
- ask what personal information we hold about you;
- ask what information was sent to our suppliers, service providers or any other third party;
- ask us to update, correct or delete any out-of-date or incorrect personal information we hold about you;
- unsubscribe from any direct marketing communications we may send you;
- object to the processing of your personal information.
It can take us up to 21 days to respond to your request.
We can refuse to delete your information if we are required by law to retain it or if we need it to protect our rights.
You can request access to the information we hold about you by contacting our call centres.
We will inform you if your privacy is ever compromised.
Although we cannot prevent all security threats, we have measures in place to minimise the threat to your privacy. We will let you know of any breaches which affect your personal information.