Sportsmans Policies

1. The competition runs from 9 - 13 October 2024. No late entries will be accepted.
2. Two winners (2 entries/individuals) will be contacted directly via the email address that was submitted for the competition. An announcement post of the winners will also feature on our official social media accounts.
3. If no response is received from the winner within 1 week of the closing date, the prize will be forfeited.
4. To enter the competition, participants need to submit their active email address to subscribe to the Sportsmans Warehouse weekly newsletter database through the sign up form on Sportsmans Warehouse's Subscriber page.
5. The winner will be randomly chosen via a certified method of selection.
6. No responsibility will be accepted for entries and/or prizes lost, delayed or damaged in transmission.
7. No prizes are refundable.
8. Winners of this competition should reside in South Africa.
9. There is no entry fee or purchase necessary to enter this competition.
10. Entries reflected on Promoter’s records will be treated as the only validation source and will be the only evidence of successful entries.
11. By entering the Sportsmans Warehouse newsletter sign-up competition, entrants explicitly agree to receive email marketing from us and for their web activity to be tracked.

Digital (Online and Instore Kiosk) purchases

A. If we accidentally sent you faulty, damaged or incorrect goods, please allow us to replace or refund products as follows:

• Please notify us within 7 days of such an unsatisfactory order by emailing us on customercare@sportsmanswarehouse.co.za or phoning our toll-free number 0800 007 030 and ask us to collect your unsatisfactory order. Please ensure that:
• You refer to your order number when contacting us
• You indicate whether you want a replacement item or a refund
  • If you need a refund, the refund will be done back to the same tender that the original sale was done with once the goods arrive at our warehouse, except for the Vitality Discounts (ie. Wicode vouchers) which will be refunded back onto a Sportsmans Warehouse Gift Card.
    
• We will send our courier to collect the unsatisfactory item from you

B. If the incorrect size or colour was selected during your purchase OR if you are dissatisfied with an item purchased from our online store

•  Exchange at a store
  Take the item and your tax invoice to your nearest store. We will happily exchange the item with the correct size or colour that you want provided that the conditions of our Refund & Exchange policy have been satisfied.

• Return to a store for a refund
  Take the item and your tax invoice to your nearest store. We will happily process a refund provided that the conditions of our Refund & Exchange policy have been satisfied. The refund will be done back to the same tender that the original sale was done with, except for the following tenders which will be refunded back onto a Sportsmans Warehouse Gift Card when an in-store refund is done:
Mobicred
Payflex
PayJustNow
Discovery Miles
Vitality Discounts (ie. Wicode vouchers)

In-store Purchases

If you are dissatisfied with an item purchased from a store you may return it to any Sportsmans Warehouse store for a refund, replacement or exchange provided that the conditions of our Refund & Exchange policy have been satisfied.

Refunds & Returns conditions

All returns and exchanges need to meet the following conditions:

• It's within 30 days of purchase date
• The original valid tax invoice is provided
• Products must be in the original condition and in undamaged packaging.
• No refunds or exchanges will be made for a product that has been misused or purposely damaged.
• We will only consider exchanging or refunding a faulty product if it was used for its intended purpose and in accordance with the product's instructions and / or user manual.
• The product’s ticket is attached
• For hygiene reasons, underwear including swimwear (excluding bras) may not be returned or exchanged
• No refunds are allowed on products that has been amended due to value added services (personalization and racket restringing)

• A faulty product will, where relevant, be subject to a technical assessment by a specialist before being repaired, replaced or refunded.
• Repairs may involve a courier cost that is for the customer's account and will be quoted upfront.
• When returning a product for repair, please ensure that it is in hygienic condition.

Tell us about your refund & exchange experience in our stores or on the website:

• Talk to any of our Store Managers; or
• Contact our Customer Care Line on 0800 0070 30; or
• Email us at customercare@sportsmanswarehouse.co.za

If you are dissatisfied with an item purchased from our store you may return it to any Sportsmans Warehouse store for a refund, replacement or exchange provided that the conditions of our Refund & Exchange policy have been satisfied.

1. The original till slip is required.
2. All refunds are processed strictly in accordance with the original sales tender type. Please note that online orders paid with the following tenders will only be refunded back onto a Sportsmans Warehouse Gift Card when an in-store refund is done:
   1. Mobicred
   2. Payflex
   3. Discovery Miles
   4. Vitality Discounts (ie. Wicode vouchers)
3. Refunds will not be given on Gift Cards. In addition, a refund on product bought on a gift card will be in the form of a new gift card.
4. Returned products must be in the original condition and in undamaged packaging.
5. For hygiene reasons, underwear including swimwear (excluding bras) may not be returned or exchanged.
6. We will only consider exchanging or refunding a faulty product if it was used for its intended purpose and in accordance with the product's instructions and / or user manual.
7. No refunds or exchanges will be made for a product that has been misused or purposely damaged.
8. A faulty product will, where relevant, be subject to a technical assessment by a specialist before being repaired, replaced or refunded.
9. Repairs may involve a courier cost that is for the customer's account and will be quoted upfront.
10. When returning a product for repair, please ensure that it is in hygienic condition.
    
    

Tell us about your experience in our stores or on the website:

• talk to any of our Store Managers about our service and our products; or
• contact our Customer Care Line on 0800 0070 30; or
• e-mail us at customercare@sportsmanswarehouse.co.za

1. WHO ARE WE?

1.1. Establishment

1.1.1. Holdsport Group is a private company which incorporates retail, wholesale, manufacturing, service, merchandising, distribution and e-commerce businesses.

1.2. Structure

1.2.1. Holdsport Group has several wholly-owned subsidiaries and is divided into three core retail divisions and a wholesale and manaufacturing division. It includes the following operating businesses:

• Sportsmans Warehouse
• Outdoor Warehouse
• Performance Brands
• Shelf Life

2. INTRODUCTION

2.1. We are committed to protecting your privacy and to ensuring that personal information provided to us is collected and used properly, lawfully and transparently in line with the Protection of Personal Information Act 4 of 2013 ("POPIA").

2.2. The purpose of this Privacy Policy ("Policy") is to explain –

2.2.1. how Holdsport Group (Pty) Ltd ("Holdsport Group", "we", "us") collects, protects, shares, uses and otherwise processes your personal information collected by us from you directly, through the use of our website, the use of our products and services and/or your electronic communications with us; and

2.2.1. the rights you have in relation to your personal information in terms of the Protection of Personal Information Act 4 of 2013 ("POPIA") and we will, to the extent possible, inform you of what information is voluntary or mandatory for you to provide and the consequences of failing to provide the requested information.

2.3. By providing us with your personal information either directly, using our website, our products and services and/or communicating electronically to us, you

2.3.1. agree to this policy and consent to the processing and transfer of your personal information as set out in this policy; and

2.3.2. authorise us, our affiliates and other third parties to process your personal information for the purposes stated in this policy.

2.4. This Policy must be read together with any other legal notices or terms and conditions provided or made available to you on our website and/or when you complete or use any documents provided by us to you in respect of any of our products and/or services.

2.5. This Policy is not intended to reproduce laws or regulations, but rather set out guidelines for our conduct in any operations which involve the processing of personal information.

3. WHAT IS PERSONAL INFORMATION AND WHAT PERSONAL INFORMATION WE COLLECT

3.1. The term "personal information" as used in this Policy is defined as "information which relates to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. The person or juristic person i.e. entity to whom personal information relates is referred to as the "data subject" ("data subject", "you" and "your" ).

3.2. Holdsport Group collects and processes personal information to provide data subjects with access to our service and products, to help us improve our offerings and for other purposes explained below.

3.3. Holdsport Group collects the following types of personal information including, but not limited to –

3.3.1. full names;

3.3.2. identity numbers;

3.3.3. addresses;

3.3.4. contact information such as telephone numbers and email addresses;

3.3.5. job title/description;

3.3.6. banking details; and

3.3.7. financial information (including VAT and tax information).

3.4. When personal information is collected, Holdsport Group will indicate the purpose for the collection and whether the information required is compulsory or voluntary.

4. HOW DO WE COLLECT PERSONAL INFORMATION?

4.1. We collect your personal information mainly directly from you in order to render our products and services to you and to improve our service and product offerings to you.

4.2. The personal information we collect about you can vary depending on –

4.2.1. the products and services that you use;

4.2.2. when you visit our offices;

4.2.3. how you interact with us even if you are not a customer (including records of communications you have with us, your attendance at our events, interviews in the course of applying for a job with us and when you visit our website);

4.2.4. what we have obtained from a third party with permission to share your personal information with us (including law enforcement agencies); and

4.2.5. when you make your information public.

5. HOW DO WE USE YOUR PERSONAL INFORMATION?

5.1. We will use and process your personal information in the ordinary course of the business of providing products and services to you.

5.2. We will primarily use your personal information only for the purpose for which it was originally collected. In circumstances where we have to use your personal information for a secondary purpose, we will only do so if such purpose constitutes a legitimate interest and is closely related to the original and/or primary purpose for which the personal information was collected.

5.3. We may use your personal information for the following purposes –

5.3.1. to provide products or services to you, to carry out the transaction you requested and maintain our relationship with you;

5.3.2. to conduct credit checks;

5.3.3. to confirm and verify your identity or to verify that you are an authorised user for security purposes;

5.3.4. for the detection and prevention of fraud, crime, money laundering or any other malpractice;

5.3.5. process requests for the collection, updating, access or deletion of your personal information;

5.3.6. for audit and record keeping purposes;

5.3.7. in connection with legal proceedings; and

5.3.8. to comply with applicable laws, regulatory requirements or industry codes to which we subscribe or which apply to use.

6. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

6.1. We may disclose personal information provided to us to third parties who are (i) involved in delivery of products and service that we deliver and (ii) who assist us in giving effect to the above purposes at paragraph 5.

6.2. These third parties include, amongst others, suppliers, service providers, consultants, subcontractors and other vendors who need access to such information to carry out work on our behalf. Any such parties only have access to such information as is necessary to perform their functions and may not use it for any purpose other than to provide services to us.

6.3. Where we disclose your personal information to the above parties, they will be bound to use that personal information for the reasons and purposes it was provided to them and not for any other purpose. To this end, we will enter into agreements with these third parties.

6.4. In addition to the above, we may be obliged to disclose your personal information where we have a duty to disclose in terms of law or where we believe it is necessary to protect our rights.

7. INFORMATION SECURITY

7.1. Holdsport Group will take reasonable and appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration disclosure or access.

7.2. We will, on a regular basis, continue to review our security controls and related processes to ensure that your personal information is secure.

7.3. As stated above, when we contract with third parties, we conclude agreements with them in terms of which we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information is kept secure.

7.4. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

7.5. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

8. HOW TO ACCESS AND CORRECT YOUR PERSONAL INFORMATION

8.1. We undertake to provide you with access to your personal information and provide mechanisms that any personal information found to be inaccurate or incomplete may be corrected or amended as feasible subject to any requirement or rule for such personal information to be retained by law. For further information on how to exercise these rights, please refer to our procedure for data subject access to, objection to, correction or deletion of personal information processed by Holdsport Group as set out in the PAIA/POPIA Manual which is available at https://www.Holdsport.co.za.

8.2. Prior to the amendment, correction or removal of your personal information, we will require you to identify yourself and to identify the portion of information requested to be amended, correct or removed. A request for the amendment, correction or removal of personal information may be declined if the process of the request is unlawful, unreasonably repetitive, requires disproportionate technical effort, jeopardises the privacy of others or would be impractical.

8.3. Please note that any such access request and request to correct may be subject to the payment of a legally allowable fee and we will inform you of the cost thereof at the time of your request.

8.4. It is important that any information you provide directly to us is accurate and correct. Please inform us as soon as you are able to or become aware if any information we hold about you is no longer correct. Providing false or inaccurate information in order to obtain a product or service may also result in our services being restricted or cancelled.

9. RETENTION OF PERSONAL INFORMATION

9.1. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or if you consent to us retaining such information for a longer period.

9.2. We may also retain your personal information to the extent and duration that we have a legitimate interest to process your personal information depending on, amongst others, the nature and lifespan of our services or products provided to you.

9.3. We will upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for what is set out above and for that which we are legally obliged to retain.

10. CROSS BORDER PERSONAL INFORMATION TRANSFERS

Section 72 of POPIA provides that personal information may only be transferred out of the Republic of South Africa if certain conditions are satisfied. Holdsport Group complies with the requirements set out in section 72 of POPIA in respect of cross border transfer of personal information.

11. COOKIES

The website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.

12. YOUR RIGHTS AS A DATA SUBJECT

12.1. As a data subject, you have a number of data privacy rights. These rights include the right to request from Holdsport Group access to, correction or deletion of your personal data or restriction of processing concerning your data or to object to the processing of your personal information. For further information on how to exercise these rights, please refer to our procedure for data subject access to, objection to, correction or deletion of personal information processed by Holdsport Group as set out in the PAIA/POPIA Manual which is available at https://www.Holdsport.co.za/.

12.2. All the rights of a data subject are contained in POPIA. The information on these rights can be found on the Information Regulator's website at https://www.justice.gov.za/inforeg/, to whom you have the right to make a complaint, if we do not resolve your concern

13. CONTACT US

If you have any questions about this Policy, our treatment of your personal information or wish to exercise any of your rights please contact our Information Officer on informationofficer@moresport.co.za

Full Delivery Policy

The following Delivery Policy is only valid for merchandise purchased via the Sportsmans Warehouse website. This policy has been developed to ensure the accurate and secure delivery of all purchases according to your delivery needs. Should you have any questions with regards to deliveries, please contact us toll free on 0800 007 030.

1. Express Delivery (1 to 3 working days) is subject to stock availability, limited to main centres and only applies to items accordingly identified. Orders placed on a Friday will be delivered on the following Monday or Tuesday. In the case of a mixed basket, our standard delivery policy of 3-5 working days will apply.
2. Free shipping for orders over R700 applies to main centres only and it excludes senior bicycles, junior bicycles, home game tables, trampolines, pools & spa's, tents & gazebo's, boats & SUPs & kayaks, weights from 5kg and more.
3. We can only deliver products to physical addresses within the borders of the Republic of South Africa.
4. Standard Deliveries will be made within 3-5 business days upon acceptance of your order. Note, for certain outlying areas we have to use regional third party couriers and while every effort is made to expedite delivery, service to these areas may take an additional 2 days
   
5. Click & Collect orders can be collected as soon as they have been delivered to the selected store
6. Quoted delivery times are a guide only and while Sportsmans Warehouse endeavours to meet the targeted delivery times for both Express delivery and Standard deliveries, from time to time factors beyond our control can result in delayed delivery.
7. A unique order number will be communicated to you via email which can be used to track the status of your order.
8. Your deliveries will be made through our designated courier company, DPD Laser, or the Sportsmans Service Centre. For information on their Terms and Conditions, refer to https://www.dpd.com/za/en/
   
   
9. Once you have indicated your address and you have received confirmation of your order, we regret that no changes to the specified address and/or delivery option will be accepted.
10. We reserve the right to contact customers and arrange alternative delivery methods and timelines if your delivery address is remote or to cancel the order if delivery is not feasible
11. Before you finalise your order, you have the option to indicate in the "Notes" field whether the order should only be delivered to you OR you can specify an alternative authorized person's name to receive it on your behalf. You or the authorized person will be required to show proof of identification to the courier upon delivery.
12. In order to safeguard your purchase, the carrier will only deliver to the specified address and to you or one of the people indicated on the notes of the order as being authorised to receive your parcel.
13. The courier will request proof of identity from the person receiving the parcel if this was indicated in the "notes" field of the order.
14. All parcels delivered will be secured with a unique purchase sealing tape. Should this be broken, please follow the guidance below in point 17.
15. The person receiving the parcel will be asked by the courier to sign the waybill indicating that the parcel/carton has been received undamaged and in good condition.
16. Proof of ID may be requested to verify authenticity of purchaser
17. In the unlikely event that the parcel/carton is damaged and/or the security seal is broken, then the receiving person can either:

- Check the parcel in front of the driver and indicate on the courier's waybill (delivery documentation) whether there are any:
     Breakages, and/or
     Damages and/or
     Items Missing
- Both parties (the courier and the person receiving) will need to co-sign their names against this indication. If the receiving person chooses to still accept the damaged carton, the waybill will reflect that a damaged parcel was received and accepted with both parties co-signing.
- Alternatively, the receiving person can send the parcel back and indicate on the waybill the reasons for sending the parcel back. Both parties will need to co-sign against this indication.

18. Kindly refer to our refunds policy for further information.
19. Sportsmans Warehouse reserves the right to refuse service, cancel orders and terminate accounts at the company's discretion.

 

HOLDSPORT GROUP (PROPRIETARY) LTD T/A SPORTMANS WAREHOUSE

1. Introduction
   1.1. This website can be accessed at www.sportsmanswarehouse.co.za (" the Website") and is made available by, Holdsport Group (Pty) Ltd (registration number 2022/407472/07)(" Holdsport Group", " we", " us" or " our").
   1.2. These Website Terms and Conditions (" Terms") governs the advertising and sale of an extensive range of services, goods and products including apparel, footwear, individual sports, team sports, fitness, action sports, outdoors, games and fan goods and gear ("Products") as may be offered by Holdsport Group on the Website from time to time.
   1.3. These Terms are binding and enforceable against every person that accesses or uses the Website or registers as a user (" you" or " your"). By using the Website and/or by clicking on the "Register" button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms.
   1.4. These Terms include all of the provisions further contained in the Holdsport Group Privacy Policy and acceptance of these Terms include acceptance of the Privacy Policy.
   1.5. If there is any provision in these Terms that you do not understand, it is your responsibility to ask Holdsport Group to explain it to you before you accept the Terms or continue using the Website.
   1.6. Holdsport Group permits the use of this Website subject to these Terms. By using the Website in any way, you shall be deemed to have accepted all the Terms unconditionally. You must not use this Website if you do not agree to the Terms.
2. Important Notice
   2.1. These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (" the CPA") and contain provisions that appear in similar text and style to this clause and which –
   2.1.1.1. may limit the risk or liability of Holdsport Group or a third party; and/or
   2.1.1.2. may create risk or liability for you; and/or
   2.1.1.3. may compel you to indemnify Holdsport Group or a third party; and/or
   2.1.1.4. serves as an acknowledgement, by you, of a fact.
   2.2. Your attention is drawn to these Terms because they are important and should be carefully noted.
   2.3. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Holdsport Group in terms of the CPA.
3. Acceptance of these Terms
   3.1. By accessing and/or using the Website, you agree to be bound by the Terms.
   3.2. Holdsport Group may at any time modify any of the Terms and such modification will supersede and replace any previous terms.
   3.3. The amended terms will be made available on the Website and each time that You access the Website and/or use the Products or services offered via the Website, you agree to be bound by the Terms, as may be modified from time to time.
4. Content of the Website
   4.1. Whilst every effort is made to update the information provided on the Website on a regular basis, Holdsport Group 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.
   4.2. Holdsport Group 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.
5. Registration and Use of Website
   5.1. Only registered users may purchase Products on the Website
   5.2. If you use the “quick” / “Guest Checkout” functionality, you will be required to register at the conclusion of the checkout process by supplying a personal password (“ password”) if you want to track your order.
   5.3 Before purchasing any products via the Website, you will be obliged to enter your user name or and personal password ("password") or other unique identifying information. Jointly we refer to the username and password and other unique identifying information as your "Access Codes".
   5.4. You undertake and warrant to ensure that your Access Codes are not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your Access Codes.
   5.5. On receipt of such notice from you, Holdsport Group reserves the right to reject any communication received from your profile, suspend the processing of any communications and orders not yet executed by Holdsport Group and immediately deactivate your Access Codes. You shall thereafter be obliged to refrain from ordering any products until such time as new Access Codes have been authorised by Holdsport Group.
   5.6. Holdsport Group may from time to time require you to change your Access Codes, as the case may be, and you undertake to comply with such instruction immediately.
   5.7. You agree that Holdsport Group will accept and process your order for Products once the correct Access Codes have been entered, irrespective of whether the use of the Access Codes is unauthorised or fraudulent and that you will be liable for payment of such order, save where the order is cancelled by you in terms of these Terms.
   5.8. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and to be liable and responsible for you and all your obligations under these Terms.
   5.9. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Holdsport Group representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
   5.10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Holdsport Group representative.
6. Verification
   6.1. 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 Holdsport Group 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 Holdsport Group and you will be bound by such instruction with no liability of whatever nature attaching to Holdsport Group in regard thereto.
   6.2. You waive any rights that you may have or obtain against Holdsport Group arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Holdsport Group acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify Holdsport Group 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 Holdsport Group has acted on your instructions/orders or instructions/orders which purported to emanate from you.
7. Orders, confirmation & delivery
   7.1. INSTALLATION ITEMS: Please note that if you have ordered a product that requires installation by the Sportsmans Warehouse Service Centre team, this will happen separate from the delivery of any other products in the same order. The Service Centre team will contact you directly to make arrangements.
   7.2. The advertising of Products via the Website merely constitutes an invitation by Holdsport Group for you to make an offer to purchase Products and we remain entitled to reject any order without giving reasons therefore and without any liability to you.
   7.3 As erroneous information and/or prices may be displayed on this Website from time to time, you agree that Holdsport Group cannot be held liable for any inaccurate information and/or prices published on the Website, save where such liability arises from the gross negligence or wilful misconduct of Holdsport Group, its employees, agents or authorised representatives. We will not under any circumstances whatsoever be obligated to sell a Product at such erroneous price displayed on the Website. You are encouraged to contact us to report any possible errors by way of email to customercare@sportsmanswarehouse.co.za or by contacting the customer care department on 0800 0070 30 .
   7.4. Once you have selected the Product you wish to purchase and submitted your order to Holdsport Group, 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 " proceed" or " purchase" or " final submit" or “confirm” button you are deemed to have submitted an offer to purchase the Product/s selected by you (" order") and the order can be withdrawn by you.
   7.5. Holdsport Group reserves the right to cancel the order for any reason on notice to you and without any liability to you. Receipt of a confirmation of the order (which only constitutes acceptance by Holdsport Group to process the order) will be sent to you once we receive your order. Although the Website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. DO NOT redo your transaction if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable.
   7.6 Please note: A transaction will only be deemed to be successful, once full payment of the order has successfully been made to Holdsport Group.and once the Product/service in question has been delivered in accordance with the selected delivery option or agreed process. Holdsport Group will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and Holdsport Group come into effect (the " Sale"). This is regardless of any communication from Holdsport Group stating that your order or payment has been confirmed. Holdsport Group will indicate any rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
   7.7 We reserve the right to withhold approval and / or cancel orders at our sole discretion.
   7.8. Placing Products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Holdsport Group liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
   7.9. Delivery times are estimated times only and we are not liable for any late deliveries.
   7.10 We reserve the right to verify the identity of any purchaser or the payment method used. This may entail you being required to, amongst other, send us a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to do so may result in us cancelling the order without reason. If Holdsport Group approves your application you may be required to sign additional terms & conditions, which will form the basis of Holdsport Group's agreement with you. A copy of these terms can be obtained by calling our helpdesk on 0800 003 051. If you do not agree to these additional terms & conditions then your application will be cancelled and you will not be entitled to use or access the product or service you have subscribed to.
   7.11. Risk in the products shall pass to you or your authorized representative on delivery.
8. Performance and availability of Products
   8.1. Holdsport Group endeavours to execute all orders within the time period notified but by accepting these Terms, you acknowledge and agree that delivery of orders can from time to time fall outside of these time periods due to a number of reasons out of our control including but not limited to logistic delays. By accepting these Terms and transacting on the Website, you acknowledge that no liability is incurred by Holdsport Group in these instances.
   8.2. You acknowledge that stock of all Products on offer is limited and accept that the display of Products is not necessarily a guarantee that a Product is available.
   8.3. When Products are no longer available Holdsport Group will notify you and you will be entitled to a refund of the amount paid by you for such Products. Whilst Holdsport Group will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the Products when the Products are available. Should the Products no longer be available, you shall be entitled to either be credited or refunded for any payments already made by you.
   8.4 For information on guarantees applicable to Products purchased by you, please see our warranties / guarantee policy.
9. Team Vitality Merchandise
   9.1. Sportsmans Warehouse is the appointed distributor of Team Vitality Merchandise and does so under the strict guidelines of Team Vitality. Only Team Vitality members, with the requisite authorization from Team Vitality are able to receive this merchandise and then only on the occasions and to quantities as authorized by Team Vitality. This merchandise shall under no circumstances be considered as being available for retail purposes. Should any system errors present the merchandise as available for sale, Sportsmans Warehouse and Team Vitality reserve all rights to recover any delivered Team Vitality merchandise delivered.
10. Payments/Tenders
    10.1. We accept payments via credit card, debit card, Discovery Miles, Ozow (Instant EFT), Mobicred, Payflex and Sportsmans Warehouse Gift Card.
    10.2. Debit/Credit card payments:
    10.2.1. We only accept MASTERCARD and VISA credit and debit cards. We will debit the total value of your online order against the payment card tendered by you during the check-out process.
    10.2.2. Payment will be effected on acceptance of your order and prior to delivery.
    102.3. By submitting your order, payment card details you warrant that you are over the age of 18 (eighteen) and that you are fully authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
    10.2.3. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your purchase of the products will be cancelled.
11. Disclosures required in terms of Section 43 of the Electronic Communications and Transactions Act 25 of 2002
    11.1. Full name : Holdsport Group (Pty) Ltd
    11.2. Physical address : The Mill House, 1 Canterbury Street, Cape Town, 8001
    11.3. Telephone number : 0800 0070 30
    11.4. Website address : https://www.sportsmanswarehouse.co.za
    11.5. E-mail address : customercare@sportsmanswarehouse.co.za
    11.6. Company registration number : 2022/407472/07
    11.7. Credit Provider Number : NOT APPLICABLE
    11.8. Vat Registration Number: 4080 304 928
    11.9. Country of incorporation : South Africa
    11.10. Director details:  C Kula, M N J Levenstein, N Mohamed, B Moritz, S A Young
    11.11. Physical address for receipt of service: The Mill House, 1 Canterbury Street, Cape Town, 8001
    11.12. A full record of your transactions can be accessed by logging in to the website and viewing My Orders in the Account section.
12. Returns
    12.1. Please refer to the refunds policy, which sets out our policy regarding returns or exchanges.
    12.2. Nothing on our refunds policy or these Terms in any way limits your rights in terms of section 56 (read with section 55) of the CPA.
13. Cancellations
    13.1. You are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (" ECT Act") entitled to cancel, without reason and without penalty, your order for the Products within 7 (seven) days of receipt of the Products. In such an event:
    13.1.1. you will receive a full refund of the purchase price within 30 (thirty) days of the date of your cancellation of the order;
    13.1.2. you undertake not to utilise the Products;
    13.1.3. your agreement of purchase will be deemed to have been cancelled, and
    13.1.4. you will be liable, in terms of section 44(2) of the ECT Act, for the direct costs of returning the products, such as courier and/or shipping charges.
    13.2. If for any reason you would like to cancel an order this may be done by contacting our Customer Care Line on 0800 0070 30. You will only be able to cancel orders up to 17:00 on the day prior to the date of delivery.
    13.3. If you cancel your order later than 7 (seven) days of receipt of the Products, we reserve the right to 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 nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach of any of these Terms.
14. Gift Cards
    14.1. Holdsport Group may from time to time make use of physical or electronic gift cards (“Gift Cards”) available for use on the Website towards the purchase of the Products. Gift Cards can only be redeemed while they are valid and their expiry dates cannot be extended.
    14.2. Gift Cards are available for purchase online and in store.
    14.3. Gift Cards that are purchased by customers are valid for a period of 3 (three) years after Sale. If your Gift Card has not been used within that period, it will expire and you will not be entitled to a refund.
    14.4. Gift Cards cannot be used to buy other Gift Cards, and cannot be exchanged or refunded for cash or credit
    14.5. They do not accrue interest.
    14.6. If your Gift Card value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods as provided for in these Terms.
    14.7. Holdsport Group is not responsible for any loss or unauthorised use of a Gift Card, after it has delivered the Gift Card to you or the email address nominated by you.
    
15. Vouchers:
    15.1. Holdsport Group may from time to time make use of and promotional vouchers or discounts (“ Vouchers”) available for use on the Website towards the purchase of the Products. Vouchers can only be redeemed while they are valid and their expiry dates cannot be extended.
    15.2. Vouchers are issued in Holdsport Group’s sole discretion and we reserve the right at any time to correct, cancel or reject a Voucher for any reason. Users do not have a right to Vouchers. Vouchers are issued under specific terms and conditions regulating when and how they may be used.
    15.3. As a general rule, and unless specified otherwise on the specific Voucher itself:
    15.4. each Voucher can only be used once;
    15.5. only one Voucher can be used per person per promotion/campaign on the Website/ store;
    15.6. a Voucher must be used at check-out. It cannot be used later on existing orders;
    15.7.the value of the Voucher will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
    15.8. Vouchers cannot be used to buy Gift Cards or other Vouchers, and cannot be exchanged or refunded for cash or credit. If for any reason a Voucher does not reflect on the final amount due from you at check-out, you can contact Holdsport Group to confirm if the Voucher is still valid. If the voucher is still valid, you can choose whether to cancel the order and place it again with the Voucher, or you can complete the current order and use the Voucher on your next order.
    15.9. Holdsport Group is not responsible for any loss or unauthorised use of a Voucher.
    15.10. Discount vouchers can only be redeemed on normal priced items and will not be valid on markdown or other discounted items.
16. Privacy and Security
    16.1. All personal information obtained by Holdsport Group 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 Holdsport Group to protect information transmitted via the Website are also set out in the privacy and security policy.
    16.2. Copyright and all intellectual property rights in all materials, texts, images, drawings and data made available on Website (collectively " the materials") are owned by Holdsport Group alternatively, Holdsport Group is the lawful user thereof and are protected by both South African and international intellectual property laws. You will not acquire any right, title or interest in or to the Website or the material. 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 Holdsport Group.
    16.3. Where any of the materials has been licensed to Holdsport Group or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
    16.4. The trademarks, names, logos and service marks (collectively "trademarks") displayed on Website are registered and unregistered trademarks of Holdsport Group. Nothing contained on Website should be construed as granting any licence or right to use any trademark without the prior written permission of Holdsport Group.
17. External links
    17.1. External links may be provided for your convenience, but they are beyond the control of Holdsport Group and no representation is made as to their content. Use or reliance on any external links provided is at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such external links or your reliance on any information contained thereon.
    17.2. When visiting external links you must refer to the external terms and conditions of use of such external links. You may not link to this Website, in any manner, or frame any content of this Website in any other manner or otherwise use the content without the express prior written permission of Holdsport Group.
18. Unlawful use
    18.1. 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 Holdsport Group against any loss, liability, damage or expense of whatever nature (whether direct or indirect) which Holdsport Group 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.
19. Warranties, Disclaimers and Limitation of Liability
    19.1. Save as set out in the Terms, Holdsport Group 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".
    19.2. Neither Holdsport Group 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 Holdsport Group 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.
    19.3. You hereby indemnify Holdsport Group or its directors against any loss, liability, damage (whether direct, indirect 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, Holdsport Group 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.
    19.4. Without limiting the generality of the aforegoing, Holdsport Group 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.
    19.5. By accessing the Website, you warrant and represent to Holdsport Group 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 18 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with Holdsport Group or that you have obtained legal status in another manner.
    19.6. Further to the provisions of our privacy and security policy, whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Holdsport Group, Holdsport Group shall not be liable for any loss or damage, however arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
    19.7. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods. 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. You agree that Holdsport Group will not be liable to you in the event that it chooses to suspend or terminate the Website other than for processing any orders made by you prior to such time and to the extent possible.
    19.8. In addition to the disclaimers contained elsewhere in these Terms, Holdsport Group also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of the Company, its employees, agents or authorised representatives. Holdsport Group thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
20. Use of the Website
    20.1. Holdsport Group 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 Holdsport Group that you are legally entitled to do so and to make use of information and purchase the Products made available via the Website.
21. Address for Service
    21.1. The address for service for all purposes relating to these Terms including the giving of any notice, the payment of any sum, the serving of any process, is the address set out paragraph in 11.2 above
    21.2. Holdsport Group shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.
22. General
    22.1. Without detracting from the provisions of your account terms and conditions, the Terms constitute the sole record of the agreement between you and Holdsport Group in relation to your use of this Website. No indulgence or extension of time which either you or Holdsport Group 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.
    22.2. Holdsport Group shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms.
    22.3. All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to 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 shall remain in full force and effect.
    22.4. Should Holdsport Group 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 Holdsport Group 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 Holdsport Group 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 "devent 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.
    22.5. For purposes of calculating any time periods GMT +2 shall be used.
    22.6. These Terms and conditions shall apply to all transactions you conclude via this Website.
    22.7. A certificate issued by an administrator of this Website shall constitute prima facie proof of any fact related to this Website, including but not limited to which version of the Terms govern a particular dispute and what content was published or functionality was available on the Website at a specific point in time.
    22.8. When you visit the Website or send emails to us, you consent to receiving communications from us electronically.
    22.9. The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and Holdsport Group on delivery/collection of the product or service.
23. Dispute Resolution
    23.1. These Terms and our relationship and/or any dispute arising from or in connection with 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.
    23.2. All disputes arising as a result of your use of the Website or on the interpretation of these Terms or on any matter which in terms of the Terms requires agreement by you and Holdsport Group, (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.
    23.3. That arbitration will be held with only you and Holdsport Group and your/our representatives present at the offices of the Arbitration Foundation of Southern Africa, Cape Town, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation of Southern Africa in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the Arbitration Foundation of South Africa. The arbitration award will be final and binding on you and Holdsport Group. We agree to keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential. The arbitrator will have the power to give default judgment if either of us fails to make submissions on the due date and fails to appear at the arbitration.