Terms & Conditions
The Runner Group CC trading as The Randburg Runner
Date last amended 10 July 2019
Randburg Runner provides the information contained on this website, email pages or sms’s comprising the website, related web sites, email pages or sms’s ("website") and advertises and sells the products to you, subject to the terms and conditions set out herein and as may be referenced herein ("the terms") unless otherwise stated. For the purposes of these terms, "products" means those items offered for sale by Randburg Runner or the services made available from time to time via the website.
By accessing and/or using the website, you agree to be bound by the terms. Randburg Runner may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website and/or use the services offered via the website, you agree to be bound by the terms, as may be modified from time to time.
2. Content of the Website
Whilst every effort is made to update the information provided on this website on a regular basis, Randburg Runner makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. Randburg Runner reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.
3.1 You agree that all instructions, consents, orders and other communications which purport to originate from you or a person who had authority to act on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to Randburg Runner electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by Randburg Runner and you will be bound by such instruction with no liability of whatever nature attaching to Randburg Runner in regard thereto.
3.2 You waive any rights that you may have or obtain against Randburg Runner arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Randburg Runner acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify Randburg Runner against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Randburg Runner has acted on your instructions/orders or instructions/orders which purported to emanate from you.
4. Orders, confirmation & delivery
The advertising of products via the website merely constitutes an invitation by Randburg Runner for you to make an offer to purchase products and we remain entitled to reject any order without giving reasons therefore. As erroneous or outdated prices may be displayed on this website from time to time, you agree that we will not be obligated to sell a product at such erroneous price. Once you have selected the product you wish to purchase, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the "purchase" or similar "final submit" button you are deemed to have submitted an offer to purchase the product/s selected by you ("order") and the order cannot be withdrawn by you unless expressly agreed to by Randburg Runner. Randburg Runner reserves the right to cancel the order for any reason on notice to you.
Please read our Delivery & Refunds page for further details on our courier and exchange/refunds policies.
All orders shall be executed within the time period notified therefore by Randburg Runner. Randburg Runner shall notify you should any products be unavailable for any reason whatever. You accept that the display of products is not necessarily a guarantee that a product is available.
For details on payment options, please refer to the Payment page.
7. Compliance with section 43(1) of the Electronic Communications and Transactions Act of 2002 ("ECT Act").
In compliance with section 43(1) of the ECT Act, please note the following –
7.1. Full name : The Runner Group CC
7.2. Physical address : Manlam Court, 5th Str Linden JHB
7.3. Website address : www.randburgrunner.co.za
7.4. E-mail address : email@example.com
7.5. Registration number : CK95.1666/237.6. Country of incorporation : South Africa;
7.7. Current members –G Howie
8. Privacy and Security
All personal information obtained by Randburg Runner by virtue of your use of this website is protected as set out in our privacy and security policy. Further, the security processes and procedures used by Randburg Runner to protect information transmitted via the website are also set out in the privacy and security policy.
9. Copyright and Intellectual Property Rights
Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively "the materials") are owned by Randburg Runner alternatively, Randburg Runner is the lawful user thereof and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from Randburg Runner. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of Randburg Runner. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Randburg Runner.
10. Unlawful use
You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Randburg Runner against any loss, liability, damage or expense of whatever nature which Randburg Runner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.
11. Warranties, Disclaimers and Limitation of Liability
11.1. Save as set out in the terms, Randburg Runner makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the website and the products and the website and products made available via the website are provided "as is".
11.2. Neither Randburg Runner or its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or via the website and/or your use of the products. Without limiting the generality of the aforegoing, neither Randburg Runner nor its directors shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service which are necessary to ensure the availability of the website. You hereby indemnify Randburg Runner or its directors against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, Randburg Runner shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website and/or your use of the products.
11.3. Without limiting the generality of the aforegoing, Randburg Runner shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.
11.4. By accessing the website, you warrant and represent to Randburg Runner that you are legally entitled to do so to purchase any of the products offered for sale via the website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. If you are younger than 21 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with Randburg Runner or that you have obtained legal status in another manner.
11.5. We may in our sole discretion at any time suspend or terminate the operation of this website without prior notice to you and without the need to give you reasons for such termination.
12. Use of the Website
Randburg Runner does not make any warranty or representation that information and products advertised on the website are appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to Randburg Runner that you are legally entitled to do so and to make use of information and purchase the products made available via the website.
13.1. Without detracting from the provisions of your account terms and conditions, the terms constitute the sole record of the agreement between you and Randburg Runner in relation to your use of this Website. No indulgence or extension of time which either you or Randburg Runner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
13.2. Randburg Runner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
13.3. All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
13.4. Should Randburg Runner be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Randburg Runner is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has first occurred then Randburg Runner shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
13.5. These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.
13.6. Your terms and conditions shall apply to all transactions you conclude via this website.
Terms & Conditions