Your terms and conditions of use

These terms and conditions were last updated on: 2 May 2013.

For the purposes of the following Terms and Conditions, the term "Website" or sowetogameskin.co.za will refer to the online property of Soweto Game Skin.

Welcome to sowetogameskin.co.za. Please take a moment to read these Terms and Conditions including our policies ("Terms") to understand how they apply to your use of our website and any products or services that you may order and purchase online.

Please read the rules carefully, Use of and/or registration on any aspect of sowetogameskin.co.za will constitute your agreement to comply with these rules and to the terms and to the Terms and Conditions. If you cannot agree with these rules or Terms and Conditions, please do not use this Website.

 

General Terms and Condtions

The sowetogameskin.co.za Website is owned and operated by Soweto Game Skin CC ("Soweto Game Skin", "we", "us" or "our"), a company registered in the Republic of South Africa under company registration number 2007/030964/23. This Website is provided to you free of charge for your personal use subject to these Terms and Conditions and our Privacy Policy. All rights and/or defences afforded to us in these Terms shall stand to the benefit of our company.

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    1. How our Terms and Conditions apply to you

      These Terms and Conditions apply to your use of our Website. By using this Website, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. By accessing this Website and/or placing an order you agree to be bound by the Terms and Conditions set out below. Please do not use our Website if you do not agree to be bound by these Terms. Online purchases from our Website are subject to these Terms and Conditions. Any questions regarding these Terms and Conditions or subsequent issues should be directed to: info@sowetogameskin.co.za. Please read these Terms and Conditions carefully and print and keep a copy of them for your reference.

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    2. Updates, amendements and changes of our Terms

      We may periodically update or change the Terms and Conditions without notice. You should check them from time to time, as your continued use of this Website will mean you accept any updated or revised Terms and Conditions. The date from which the current set of Terms and Conditions came into effect is included within the Terms and Conditions. Do not assume that the same Terms and Conditions will apply to future orders. We reserve the right to:
      • Modify or withdraw, temporarily or permanently, this Website (or any part thereof) 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.
      • Change the Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website.


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    3. We are governed by South African Law and Arbitration

      This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Johannesburg at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.

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    4. Who supplies your goods

      Unless stated to the contrary on this Website, the goods supplied in accordance with any contract made through this Website are supplied by Soweto Game Skin. As part of our delivery service we may engage the use of 3rd party delivery providers to fulfil services on our behalf. We may also sell products on behalf of 3rd parties, but these will be clearly indicated as such. Where no indication is given, the supplier is deemed to be Soweto Game Skin.

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    5. Using our Website

      Soweto Game Skin has taken every care in the preparation of the content of this Website. However, to the extent permitted by applicable law, Soweto Game Skin does not represent or warrant the accuracy or reliability of any of the information or content about any goods or services, software or advertisements (together, the "Materials") contained on, distributed through, or linked, downloaded or accessed from this Website. To the fullest extent permitted by applicable laws, Soweto Game Skin hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the Website or the Materials including, without limitation, direct, indirect, incidental, or consequential losses, or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to Soweto Game Skin. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. However, if you are a consumer your statutory rights are not affected. You are welcome to browse or use our Website 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 the Website, the uploading of any unlawful or damaging information or viral software, is strictly prohibited.

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    6. Limitations and conditions that apply to using our Website

      • Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website.
      • You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
      • You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia and personal attacks when using the Website.
      •  You agree not to use any sexually explicit language or to provide to or post on or through the Websites any graphics, text, photographs, images, video, audio or other material that is sexually explicit.
      • You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offence, give rise to criminal liability or that otherwise violates any statute or regulation. You agree to use the Websites only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
      • You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post anywhere on the Websites does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner/s of such rights.The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use ("Assets"). The Assets are protected by copyright, trade mark and other intellectual property laws. Nevertheless, we grant to you the limited, non-exclusive rights and license to use the Assets solely as described on the Website, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices. This includes the "look and feel" of the Website and the advertising thereon ("the Website's Content").
      • The Website Content is protected by copyright, trade mark and other intellectual property laws and is the property of Soweto Game Skin and its authorized service providers. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, whether by omission or commission, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
      • You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Websites except as permitted by statute or expressly permitted in writing by this Agreement or the Websites.
      • You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Websites or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Websites.
      • You may not interfere with any other persons use or enjoyment of the Website.
      • You may not breach any laws concerning the use of public telecommunications networks or interfere or disrupt networks or other websites connected to the Website.
      • Other than connecting to our third party service provider's servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator's passwords or by masquerading as an administrator while using the Website or otherwise.
      • You acknowledge that Soweto Game Skin and its third party service providers have not reviewed and do not endorse the content of all sites linked to and from this Website, and are not responsible for the content or actions of any sites linked to or from this Website. Linking to any service or site is at your sole risk.
      • You agree to indemnify Soweto Game Skin against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Website and/or its contents contrary to these Terms.
      • We use cookies to identify the computer device with which you connect to our Website.
      • We reserve the right to restrict your use and access to our Website or part thereof in the event of any unauthorized use. We reserve the right to suspend our Website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the Website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete

      Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.

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    7. The accuracy of our Website's content

      All reasonable steps are taken to ensure that information on our Website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current. Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values. If you wish to make investment decisions regarding Soweto Game Skin, kindly consult your stockbroker or financial adviser.

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    8. Our general 'linking' policies

      Certain links on this Website will lead to other websites which are not under the control of Soweto Game Skin. When any of these links are activated you will leave the Soweto Game Skin Website and Soweto Game Skin has no control over and will not accept responsibility, or liability, for any content, material or service contained on any website which is not under the control of Soweto Game Skin nor does the existence of such links represent any endorsement or other acceptance of responsibility or liability by Soweto Game Skin for any goods or services provided or available on such sites. Soweto Game Skin makes no representations, or warranties, in respect of any endeavour by it to review the content of websites to which it provides links or anywhere else in the service, or any of the materials and accordingly Soweto Game Skin accepts no responsibility whatsoever for the accuracy, copyright compliance, legality or decency of any information, material or other content contained in websites listed on the service or in any materials nor warrants nor endorses any advertising of third parties carried on the service nor though the provision of links to that carried on other websites.

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    9. Disclaimers and limitations of our liability

      Use of our Website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Website will be uninterrupted or error free, or that the Website or the servers that makes them available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Websites and/or your purchase of any products or services and including the use of any delivery services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via this Website. Soweto Game Skin will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If Soweto Game Skin is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following:
      • Incompatibility of the Website with any of your equipment, software or telecommunications links;
      • Technical problems including errors or interruptions of the Website;
      • Unsuitability, unreliability or inaccuracy of the Website;
      • Inadequacy of the site to meet your requirements.

      Nothing in this paragraph applies to Soweto Game Skin's liability in respect of products sold through the online channel.

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    10. Our Indemnification

      You hereby indemnify Soweto Game Skin and its affiliates, employees, agents, representatives and third party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on the lawyer-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.

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    11. Ownership and use of our Intellectual Property

      All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on these Websites are owned by or licensed to us. All data and information communicated to or from the Website including its database belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our Website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our Website, including these Terms and Conditions, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from Soweto Game Skin.

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    12. Using our Website from abroad

      Customers who are not resident in South Africa are welcome to use our Website in accordance with these Terms and Conditions to make online purchases provided that the delivery address is in South Africa or the authorised collection agent is in South Africa. Soweto Game Skin makes no promise that materials on the Website are appropriate or available for use in locations outside the Republic of South Africa, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the Republic of South Africa, you do on your own initiative and are responsible for compliance with local laws.

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    13. Your comments

      We value your comments, ideas, suggestions and feedback ("your Comments") via our Website. We will not respond to, maintain or compensate you in any way whatsoever for your Comments. Once received, your Comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your Comments. Soweto Game Skin does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on reviews, forums, blogs, social media platforms or otherwise contained in our Website. Any information or material placed online, including advice and opinions, are the views and responsibilities of those who post the statements and do not necessarily represent the views of Soweto Game Skin or its third party service providers. You agree that Soweto Game Skin and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement. You warrant that your Comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding any harm caused by your Comments.

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    14. Use of our logos,content and images

      You are not permitted to use the content of our Website, our logos or any product or other images that appear on our Website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our, or our licensors', intellectual property rights.

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    15. Availability of our Website

      Please report any faults to info@sowetogameskin.co.za The site may be unavailable incase of maintenance or modification of the site as a whole, this will be done after hours as to not interfere with daily operations.

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    16. Miscellaneous

      You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and Soweto Game Skin ignores this, Soweto Game Skin will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. Soweto Game Skin shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control

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Privacy Policy and Information Security

    1. Your Privacy

      Your privacy and the security of information you provide is exceptionally important to us. We will not release, rent or sell personal information to any third parties without your consent, unless we are compelled to do so by law. We treat all your personal information as confidential and keep your registration details and any personal information you upload to us on secure servers. We will comply fully with all applicable South African Data Protection and consumer legislation in place including the Consumer Protection Act. Our secure databases encrypt your payment information in order to minimise the risk of unauthorised disclosure or interception. Our Website makes use of ‘cookies' which collect data about the device that you use to access our Website. The cookies minimise the possibility of unauthorised access to, and disclosure of, your personal information. Soweto Game Skin limits the amount of payment related information securely held on Pick n Pay servers or infrastructure - this information is purely used for your fraud protection with strictly controlled access and for a limited time period. We prefer to protect our customers by also providing a completely secure and encrypted gateway into our specialist third party payment provider ("PayPal"). This ensures we provide the highest levels of security including PCI compliance. You may also use this Website without providing us with any information, but if you do choose to withhold necessary data you will not be able to access certain sections or use certain features within the Website. If you want to use the Website but do not wish to be sent additional marketing information, please ensure the relevant option is selected during registration that indicates your preference. You can also opt in or out of receiving marketing information at any time through your registered profile here. Please note that we reserve the right to communicate with you (via writing, phone, email and/or SMS) with information directly related to the sowetogameskin.co.za products. This information is necessary to allow you to use the Website and any enhancements we make from time to time. You have the right to request a copy of any information we hold on you at any time, and to have that information corrected if it is inaccurate. Nothing in these Terms and Conditions affects your rights under the Data Protection Act.

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    2. Your Information

      When you shop on this Website, we will ask you to input and we will collect personal information from you such as your name, email address, billing address, delivery address, telephone number, and product selections (please note that your payment details are handled through a third party specialising in secure payments - while we provide an additional anti-fraud verification layer). We and our third-party providers of advertisements and content, may collect information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.za and .com), your browser type, the country and telephone area code where your computer is located, the pages of our Website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Website ("User Information"). We may collect this information even if you do not register with us. You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service. We confirm that any personal information that you provide to us (or which is available on public registers) and any user information from which we can identify you, is held securely. We use your information only for the following purposes:
      • To process your orders;
      • For statistical purposes to improve this Website and the services we offer;
      • To provide you with relevant Website content and Website advertisements;
      • To administer this Website;
      • If you consent, to notify you of products or offers that may be of interest to you.

      You agree that you do not object to us contacting you for any of the above purposes whether by telephone, fax, email, SMS or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights. Your personal information may be disclosed to other businesses within Soweto Game Skin and to reputable third parties solely with the purpose of helping to process your order. Soweto Game Skin require all such third parties to treat your personal information as fully confidential and to fully comply with all applicable South African Data Protection and consumer legislation in place. We reserve the right to disclose information if we are requested to by the police or any other regulatory or government authority investigating suspected illegal activities. This includes the provision of personal information and /or user information.

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    3. Cookies

      Cookies are small bits of text that your web browser software stores on your computer when you visit certain websites. Sowetogameskin.co.za uses cookies to make it easier for you to use our Website and to allow us to improve our service to you. A cookie generated by sowetogameskin.co.za allows us, for example, to retrieve your current shopping basket (without losing items previously added), to recognise you when you visit and to help you navigate around our Website. Our cookies do not actually collect sensitive information such as your name, address or financial details. The cookie simply holds the "key" that, once you've signed in, is associated with this information. Because we rely on cookies to make the shopping experience easier and more tailored to your needs, your browser must be set to accept cookies before you can place an order with us. (You can change the cookie setting in your browser's preferences, usually found in the Edit menu.)

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    4. Exclusions

      The services provided by this Website do not include the provision of computer or other necessary equipment to access the Website. To use the Website you will require a suitable device, internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

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Online Shopping Terms and Conditions

      These online shopping Terms and Conditions apply to all purchases ordered online through our Website. Please read them carefully and print a copy for future reference.
    1. Registration

      You are required to register with us before placing your first online shopping order. You are also required to register to make use of certain functionality which may not include placing an online shopping order. Registration and/or use of our Website constitute your acceptance and agreement to be bound by the Terms and Conditions of our Website, including the Terms and Conditions specific to online shopping. It is your responsibility to ensure that the details provided by you on registration, or at any time, are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

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    2. Passwords and security

      When you register to use our Website you will be asked to create a username and a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your username and password. If you know or suspect that someone else knows your password you should notify us immediately by contacting support@sowetogameskin.co.za. If sowetogameskin.co.za has reason to believe that there is likely to be, or has been, a breach of security or misuse of our Website, we may require you to change your password or we reserve the right to suspend your account without prior notification.

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    3. Ordering

      Orders can only be created through the use of our Website. No orders by telephone, email, SMS, fax or any other medium will be accepted. Please note that you may contact us to guide you through the process of placing an order, but we are unable to place the order on your behalf.

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    4. Accepting your order

      The steps required in creating the contract between you and PnP.co.za are as follows:
      • You will be guided through the process of filling your shopping trolley/basket through a series of simple steps on our Website;
      • The final step in placing your order will be by confirming the accuracy of your trolley, your substitution preferences and the associated guide price to be charged to your chosen payment method/s. You order is confirmed on completion of the check out process;
      • We will send to you an order acknowledgement email detailing the products you have ordered and any associated delivery or collection information.

      The email acknowledgement will present an 'indicative or guide price' only and will be subject to change depending on, but not limited to, the following:
      • The price of the product changing between the time your order is placed and the day of delivery;

      Please note that when your order is delivered you may return any item and receive a full refund if you consider that the difference between the final price charged and the guide price shown on the Website (and in the email order acknowledgement) is not acceptable. Unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions given, our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made and you will be charged for your order. Dispatch will occur on the day of delivery, subject to normal operating procedures. Non-acceptance of an order may be as a result of one of the following, but not limited to:
      • The product you ordered is not available from stock;
      • We are unable to obtain authorisation for your payment;
      • A price or product description error is identified;
      • You do not meet the eligibility to order criteria set out in the main Terms and Conditions.

      The contract will be concluded in English. Details of your specific agreement to the contract will not be filed by Soweto Game Skin. If you do require any information regarding orders you have placed with Soweto Game Skin, please contact us at support@sowetogameskin.co.za. All offers are subject to availability and while stocks last.

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    5. Stock Availability

      Only items indicated as available on our Website can be purchased. Items stocked at our shop but not indicated as available on our Website, do not form part of our catalogue and therefore cannot be ordered. We will not pick or deliver items not available on our Website even if they are requested through any special instruction available as part of the ordering process. Due to the fact that we carefully choose your goods in store, we may occasionally run out of stock before we can update our stock availability on the Website. We endeavour to keep this to a minimum.

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    6. Order Restrictions

      Sowetogameskin.co.za reserves the right to introduce a minimum spend requirement in order to be eligible for either delivery or in store collection services. Excluded products and supplementary charges, such as delivery, shall not count towards a minimum spending requirement. There is currently no maximum order restriction; however sowetogameskin.co.za reserves the right to limit quantities at any time and without prior notification. In order to provide a high quality of service, orders above a threshold in terms of quantity and/or value will be restricted in terms of delivery slot availability. Typically, but not limited to, this restriction will be to provide sowetogameskin.co.za a longer lead time to prepare the order for delivery or collection. Soweto Game Skin reserves the right to alter the nature or terms of this restriction and/or threshold at any point and without prior notification.

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