1. COPYRIGHT
1.1 To obtain permission for use of any content on this site please contact Eugene Joubert +27 39 3173036 or email info@luckys.co.za
1.2 All moral rights of Lucky’s and its employees/agents are reserved.
1.3 Lucky’s do not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Lucky's of any content that may be offensive or illegal.
2. PROPERTY RIGHTS 2.1 Everything on this site is the property of Lucky’s and cannot be copied.
3. ELECTRONIC COMMUNICATIONS
3.1 When a user visits Lucky's or sends e-mails to Lucky's, that user consents to receiving communications from Lucky's electronically and agrees that all agreements, notices, disclosures and other communications sent by Lucky's satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
4. HYPERLINKS 4.1 No person, business or web site may link to any page on this site without the prior written permission of Lucky's. Such permission could be obtained from the person referred to in clause 1 hereof.
5. SPYWARE 5.1 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Lucky's. Such permission could be obtained from the person referred to in clause 1 hereof.
6. DISCLAIMER 6.1 Lucky's nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Lucky's makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.
6.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Lucky’s that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
6.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Lucky's and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
6.4 All items purchased from Lucky's are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Lucky's to such agents upon delivery of any item to such carrier.
6.5 Neither Lucky's nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.
7. PRICING 7.1 The price of each product is display with the product, in the event of a product being on special, this price will be display.
7.2 All prices are quoted in South Africa Rands (ZAR)
7.3 All prices on the web site include VAT at the rate of 14%.
7.4 Prices are only valid on the website and not in branches.
7.5 Shipping costs are calculated in accordance to region of delivery and is calculated by the weight of each product.
8. DELIVERIES 8.1 All deliveries will be made within 3-5 working days, taking into consideration the availability of stock and region.
8.2 Where delays and out of stock situations occur, every effort will be made to inform the buyer.
8.3 Deliveries outside the borders of South Africa will not be done via the website and a store must be contacted in this case.
9. PAYMENT 9.1 Credit card payments
9.1.1 At the time of placing the order, the transaction details are presented to the bank and an authorisation is obtained form the amount of the order.
9.1.2 Payment is only collected when the order is completed and the goods shipped
9.1.3 Note that to protect it's own and the interests of customers, Lucky's scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Hirsch's is not satisfied with it's legitimacy
9.1.4 All credit card slips are required to be signed at the time of delivery, and the signatory to provide confirmation of identification.
9.2 Bank Deposit
9.2.1 If the buyer selects the "pay via bank deposit" button, instructions will be given on how to deposit monies into the Lucky's bank account and will be subject to the following rules:
9.2.2 The exact amount must be paid
9.2.3 The payments must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer
9.2.4 No transfers must be made from ATM's
9.2.5 Cheque deposits will be subject to a 21 day clearance period
10. AGREEMENT OF SALE 10.1 An agreement of sale between Lucky's and a user only comes into effect if and when:
10.1.1 A credit card authorisation is received from the issuing bank; or
10.1.2 A deposit of an electronic transfer is reflected on Lucky's bank statement (and only if such payment is received within 5 (five) working days after completion of the purchase cycle; or
10.1.3 A direct deposit is reflected on the Lucky's bank statement (and only if such payment is received within 5 (five) working days after completion of the purchase cycle
10.2 Lucky's reserves the right to refuse to accept and/or execute an order without giving any reasons. Lucky's also reserves the right to cancel orders in whole or in part as circumstances dictate. Lucky's shall only be liable to refund monies already paid by the user.
10.3 Lucky's shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Lucky's will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies already paid by the user.
11. STOCK AVAILABILITY 11.1.1 Stocks of all goods on offer are limited. Lucky’s shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Lucky's shall only be liable to refund monies where it is unable to fulfill orders at advertised prices.
12. SPECIAL OFFERS 12.1 Lucky's shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for whatever reason, conclude an agreement of sale while such prices remained low.
13. REFUNDS 13.1 Should Lucky's supply the incorrect product or if the product is damaged or faulty, Lucky's shall exchange the unit for a new one, provided that the damaged unit is returned in its original packaging.
13.2 Lucky's work on a seven day refund policy. Remains the supplier’s discretion to honor such an exchange.
13.3 Cash refunds will not be given, and any monies due will be paid back into the users’ bank account
14. GIFT VOUCHERS 14.1 Gift vouchers cannot be exchanged for cash and are not transferable
14.2 Vouchers can not be redeemed at any affiliate websites14.3 Vouchers can only be redeemed whilst they are valid and expiry dates can not be extended.
15. GOVERNING LAW
15.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
16. PRIVACY 16.1 Lucky's may use your information to contact you about promotions and special offers. You are entitled, at any stage, to opt out of this service. We do not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties. Lucky's may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
17. SECURITY
17.1 The user agrees and warrants that its log-in name and password shall:
17.1.1 be used for personal use only; and
17.1.2 not be disclosed to any third party
17.2 The user allows Lucky's to take all reasonable steps to ensure the integrity and security of the Lucky's web site and back-office applications.
17.3 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorized access to any page shall be prosecuted and civil damages shall be claimed in the event that Lucky's suffers any damage or loss.
18. CHANGES TO AGREEMENT
18.1 Lucky's may, in its sole discretion, change this agreement or any part thereof at any time without notice.
19. DISPUTES
19.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not solved between the user and Lucky's, shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
20. DOMICILIUM
20.1 Lucky's chooses its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communications of whatsoever nature, Main Marine Drive Manaba Beach Manaba 4276
21. GENERAL INFORMATION
21.1 Lucky’s is a division of Kunzaan Bros - Registration No.2002/02750823. Directors: Younus Moosa & Mahomed Moosa
Guarantee 1. All products carry a 12 month guarantee unless stated differently at the time of sale.
2. Guarantee does not mean that a faulty product will be exchanged. It means that the product will be repaired within the period free of charge to the customer and should it be un repairable the supplier will replace the goods.
3. The Guarantee belongs to the supplier and they reserve the right to decide whether a Faulty item will be repaired or replaced.
4. Guarantee covers factory faults only. Should the fault be as a result of user negligence, the repairs will then be for the customers account?
