Terms and Conditions

Welcome to Verimark.co.za (this website). Verimark (we, our) provides access to this website to allow you to, inter alia, purchase our products subject to the conditions set out on this page. Please read these conditions carefully before using this website. By using Verimark.co.za you confirm that you have read, understood and agreed to these Terms and Conditions and you signify your agreement to be bound by these conditions.

These Terms and Conditions constitute an agreement between Verimark and you and govern our respective rights and obligations each time you use Verimark.co.za.

Purchase of Products and Services via This Website

Any offer to purchase products and services via this website does not constitute any guarantee that what is being purchased will be available.

An auto-response to your offer to purchase should not be construed as formal approval of your purchase. It is only once you are formally contacted by Verimark that you may assume that we have accepted your offer to purchase the particular product or service, which you requested.

"Cooling-off Period" In Terms of the Electronic Communications and Transactions Act 25 of 2002

You are entitled to cancel any transaction concluded on the website without any reason and without any penalty, within 7 (seven) days after the receipt of the product. In the event that payment for the products or services has already been made prior to you exercising your right to cancel the transaction, you are entitled to a full refund of such payment, which refund will be made within 30 (thirty) day of the date of cancellation of the transaction.

Fraudulent Activities

We are committed to ensuring the security of your use of the website and are entitled to investigate any loss suffered by you which is alleged to have occurred as a result of fraud via the website. Where you believe you have been a victim of a fraud, you must inform Verimark immediately as soon as you become aware that a suspicious transaction has occurred on your account. In addition, you must open a criminal case at your nearest police station. You will also be required to co-operate with Verimark and the police in any investigation conducted into losses you suffer. We will investigate all reported cases of fraud and, provided that you have complied with the safety measures listed in this website, we will reimburse you after the investigation for any losses suffered due to fraud committed via this website.

All credit card transactions will be subject to a fraud check process. This is to ensure that both parties are protected.

If you wish to purchase with a bank not located in South Africa only EFT payments will be accepted.

Competitions, Promotions and New Services

From time to time, we may run competitions and promotions and offer you various new services. Since these competitions, promotions and new services will differ over time, the Terms and Conditions will be updated as and when necessary on the website.

Purchase of Children's Goods and Toys

Verimark has no intention of collecting any personally identifiable information from individuals under thirteen years of age. When orders are received for purchasing children's goods, in the absence of evidence to the contrary, we will assume that the transaction is being conducted by an adult. If this is not the case, a parent or guardian of the child should contact Verimark immediately upon this coming to their attention.

When purchasing children's goods and toys you must ensure that these goods and toys are used for the age group as described on the packaging, for the purpose for which they were designed and with parental supervision. We will not be liable for any damages suffered by you or any other person caused by the misuse and/or abuse of the children's goods and toys bought from Verimark. All liability for such damages shall remain with the supplier of the children's goods and toys.

Delivery

We will not be held liable for any loss, claims, theft or damage of whatsoever nature, to any person, arising from the delivery process and/or from the delivery of a product and/or the failure to deliver a product.

Please note that delivery estimates are not guaranteed delivery times and should not be relied upon as such. The delivery period for different products may vary depending on the type of product and the availability of the product. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable. We will not be liable for any loss or damages you may suffer if the product is not delivered within the estimated delivery times specified above.

Any product that you purchase from Verimark.co.za will only be delivered to a physical address chosen by you on your purchase of the product. The physical address chosen by you must be within the borders of the Republic of South Africa. We do not deliver to all areas in the Republic of South Africa and these areas are designated as restricted areas. We will inform you telephonically should your physical address fall in a restricted area.

We will not be held responsible or liable for any loss, damage or theft of the product in the event that you have provided Verimark with your home physical address and you have given authorisation to a domestic worker and/or security officer to accept of the product. Delivery will be completed within approximately 3-7 working days.

Pricing

Despite our best efforts, a product appearing on our website may be mispriced. We reserve the right to correct the selling price or to change the selling price of any and all products from time to time without any prior notification. All errors and omissions are specifically excluded.

Refunds & Returns

In the unlikely event that you are unsatisfied with the performance of the product, the product may only be returned to a Verimark Direct Store. Ensure that the original product packaging, all accessories, as well as the original proof of purchase, are presented with the product. At our discretion, we may offer you a replacement unit or a refund. Products cannot be returned to any of our retail partners. ie. The game, Makro, Pick n Pay, Checkers Hyper, Mica, Dischem, Spar or any other affiliated Verimark retailer.

Verimark cannot guarantee the replacement of returned products, as this is subject to stock availability.

You may only return a product or request a refund if the product is damaged prior to delivery; if the product is faulty on delivery; or if the incorrect product was delivered. In such a case, no returns or refunds will be accepted after 15 (fifteen) days of delivery of the product.

The product will not, under any circumstances, be returned or refunded if the original packaging has not been returned. In the event that the product is faulty on delivery, Verimark reserves the right to first attempt to remedy the fault, prior to considering your request for a refund.

Should you request a return and/ or refund on receipt of the product for any reason other than the product not being damaged, incorrect or faulty, Verimark has the right to charge the recipient the delivery, administration and handling fees for that product and the balance will be refunded.

No Representations or Warranties

While every effort is made to update the information provided on the website on a regular basis, we make no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of the information contained on any of the website pages and will not be bound in any manner by such information. In this regard, you are referred to the Disclaimer. In particular, Verimark does not warrant that this website or the server that makes it available are free of viruses, destructive code or other harmful components. You (and not Verimark) assume the entire cost of all necessary servicing, repair, or correction.

Verimark also does not warrant that the website, any tools such as calculators, software, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. All implied warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose; non-infringement, compatibility, security and accuracy are hereby specifically disclaimed.

We reserve the right at any time to change or discontinue without notice, any aspect, feature or service offered on the website

Product Specific Terms and Conditions

The following product-specific Terms and Conditions will apply.

Ending a Session

You must log off once you have finished using the website. If you do not do this, unauthorised transactions may result. Verimark will not be liable for such unauthorised transactions.

Privacy

We respect your privacy and your personal information. For this reason, we have prepared a Privacy Statement to let you know how we will treat any personal information that we may have about you. We will take all reasonable measures, in accordance with our Privacy Statement, to protect your personal information and to keep it confidential.

Security

Information that is transmitted over the Internet may be passed through various uncontrolled forwarding mechanisms and may, therefore, be intercepted. While we will take all reasonable precautions to ensure that your use of the website is secure, we cannot be liable for any loss or damage you suffer as a result of such interception or other use of the Internet.

Limitation of Liability

Although we have taken reasonable care to prevent harm or loss to you, we are not liable for any harm or loss whatsoever arising as a result of your use of this website unless such or damage arises from our gross negligence or intentional misconduct. In this regard, you are directed to the Disclaimer. In particular, neither Verimark nor any of its affiliates shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of:

• the ability (or inability) to access this website,
• the use (or inability to use) any content of this website,
• or the content of any website(s) linked to this website.
• In addition, Verimark will not be liable for:
• any interruption, malfunction, downtime or another failure of the website or online services, our system, databases or any of its components, for whatever reason;
• any loss or damage arising from your orders or purchases of products from third parties, based on the information provided on this website;
• any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses, destructive code or other harmful components on our system or third party systems; programming defects or negligence on our part;
• any interruption, malfunction, downtime or another failure of goods or services provided by third parties, including, without limitation, third party systems such as the utility providers (including telephone and electricity), internet service providers, local authorities and certification authorities; and any event over which Verimark has no direct control.

 

Links to Third Party Websites

As a convenience to you, this website may contain links to the websites of other third party websites. If you use these websites you will leave this website. By making the links available we are not endorsing third-party websites, their content, products or services they offer or the owners of these third-party websites. If you decide to visit these websites, you do so at your own risk and it is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites. We will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third-party websites.

External Links to This Website

All links to this website must be approved in writing by Verimark.

Licence for Website Access

The content on our website constitutes Verimark's intellectual property rights. Verimark grants you a limited licence to access and make personal use of this website but not to download (other than page caching) or modify it or any portion thereof. This website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the written consent of Verimark. You may not use framing techniques to enclose any trademark, logo or other proprietary information of Verimark or its affiliates without the written consent of Verimark. You may not use meta tags or other hidden text utilizing Verimark's or its affiliates trademarks without the written permission of Verimark and any unauthorized use terminates the licence referred to above and any prior granted permissions.

Your Conduct

You may not use this website in any way that causes, or is likely to cause, the website or access thereto to be interrupted, damaged or impaired in any way. You must use this website only for lawful purposes. You understand that you are responsible for all content sent from your computer to Verimark. You must not use this website for any of the following:

• for fraudulent purposes or other unlawful activity;
• to cause annoyance or other inconvenience;
• to use any material that is in breach of any valid intellectual property right, whether it be Verimark's or a third party's; or
• to send or otherwise use any material that is offensive, abusive, indecent, defamatory or otherwise objectionable.

 

Intellectual Property Rights

All content on Verimark.co.za constitutes the intellectual property rights of Verimark, as applicable. This includes, but is not limited to, all text, graphics, logos, icons, images, audio clips, data compilations, software, trademarks, registered designs, patents (where applicable) including all applications therefore and the right to claim damages on the basis thereof. The compilation of all the content on this website is protected by, inter alia, South African and international copyright laws. You may not extract or utilize parts of the contents of this website (whether systematically or ad hoc) without the written permission of Verimark.

Notices, Confirmation and Statements

You agree that Verimark publishing a notice on our website, for example, by sending you a notice once you log into the website or via email, SMS or post will constitute sufficient notice to you. Should you fail to raise an objection with Verimark within 24 (twenty-four) hours after we sent you a notice (including by SMS), you will be deemed to have accepted the transactions or new setting as being valid and binding in all respects.

Access to Verimark.co.za

We will employ all reasonable methods to ensure that availability of the website will be uninterrupted. However, this cannot be guaranteed, not least because of the nature of the Internet. Your addition to the website may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities.

Modification, Suspension or Termination Of Verimark.co.za

We may change, suspend or discontinue providing the facilities and services available of Verimark.co.za at any time at our sole discretion.

Amendments to These Terms and Conditions

We may amend these Terms & Conditions from time to time. If you use the Verimark website after we have posted an amended version of these Terms & Conditions on the website we will be entitled to assume that you have agreed to be bound to the amended version of the Agreement.

Submitting a Complaint

Any complaints or queries may be directed to our dedicated Verimark Customer Services Call Centre on 0860 005 005.

Address for Service

Verimark chooses the following address as its address for citation, service of legal processes, execution or any other purpose connected with this agreement:

Postal Address Verimark (Pty) Ltd. PO Box 78260 Sandton 2146

Physical Address Cnr Witkoppen & Riverbend rd (Entrance through the garage), Randburg, South Africa

We may send you legal notices as per above and/or to any of the addresses you have specified on any of your application/registration forms with Verimark or at the address you work or live.

Demo Products

Demo products are shop soiled and have previously been used. As such, they may have blemishes (such as scratches, marks, etc). By purchasing a Demo unit you accept that such blemishes may be present. However, the product has been refurbished and re-packaged to Verimark’s highest quality standards and carries a 1-year quality guarantee.

In the unlikely event that you are unsatisfied with the performance of the product, the product may only be returned to a Verimark Direct Store. Ensure that the original product packaging, all accessories, as well as the original proof of purchase, are presented with the product. At our discretion, we may offer you a replacement Demo unit or a refund. Demo products cannot be returned to any of our retail partners. ie. The game, Makro, Pick n Pay, Checkers Hyper, Mica, Dischem, Spar or any other affiliated Verimark retailer.

Demo products are only available at Verimark Direct Stores countrywide and online at www.verimark.co.za

Errors and ommisions excepted.