Conditions of Use
Terms and Conditions of Use
1.1. The IceStar e-commerce website can be accessed at www.icestar.co.za or shop.icestar.co.za (the “Website”) and is owned and operated by IceStar Events and Marketing (“IceStar”, “we”, “us” and “our”).
1.2. These Website Terms and Conditions of Use (“Terms and Conditions”, “T&Cs”) regulate the order, sale, delivery of Goods, as well as the use of the Website.
1.3. The Terms and Conditions govern every person who accesses or uses the Website (“you”, “your” or the “User”). By accessing and making use of the Website, you agree to be bound by the Terms and Conditions set out in this legal notice, including without limitation each User who registers as contemplated below (“registered user”).
1.4. By making use of the Website and by clicking the “Register” button on the Website you acknowledge that you have read and agreed to be bound by these Terms and Conditions.
1.5. The Website enables you to shop online for an extensive range of goods including occasional gifts, clothing, foot and head wear, apparel, and more (“Goods”). The Website additionally allows you to select customization or bespoke design services (“Services”) we offer to have personalized, branded, or bespoke Goods customized or purpose made (“personalized”, “personalized goods”). In clauses where Goods are referred to, unless expressly noted, this should be understood to be inclusive of Personalized Goods.
2. Important Notice
2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which
2.2.1. may limit the risk or liability of IceStar or a third party; and/or
2.2.2. may create risk or liability for the user; and/or
2.2.3. may compel the user to indemnify IceStar or a third party; and/or
2.2.4. serves as an acknowledgement, by the user, of a fact.
2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask IceStar to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.5. Nothing in these Terms and Conditions 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 IceStar in terms of the CPA.
2.6. IceStar permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
2.7. IceStar allows third party vendors to list and sell their Goods on the Website (each a “Third Party Vendor”). IceStar will indicate on relevant product pages when Goods are for sale by a Third Party Vendor. Certain terms in these Terms and Conditions only apply to purchases from Third Party Vendors, and others only apply to purchases from IceStar. This will be made clear in the relevant clause.
3.1. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is included by reference (i.e. it forms part of these Terms and Conditions).
4. Registration and use of the website
4.1. Only registered users may order Goods on the Website.
4.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to IceStar. You will need to use your unique username and password to access the Website in order to purchase Goods.
4.3. You agree and warrant that your username and password shall:
4.3.1. be used for personal use only; and
4.3.2. not be disclosed by you to any third party.
4.4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
4.5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
4.6. You agree to notify IceStar immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
4.7. 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 Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
4.8. 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 IceStar representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.10. You may not in any way display, use, download, publish, copy, print, post, distribute or otherwise use the Website and/or the information or content contained therein without the express prior written consent of an authorised IceStar representative.
5. Your Content
5.1. IceStar offers Personalized Goods which generally require information provided through upload, post, publish, display, email, contribution, distribution, communication, transmission or linked-to (“Transmit”) by you, including, but not limited to, text, photographs or images, logos, and/or fonts (“Your Content”).
5.2. By submitting Your Content to us, you grant IceStar a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, prepare derivative works based upon, publicly distribute copies of, publicly perform, publicly display and otherwise use and exploit for the limited purpose of providing the Services and promoting other services to you that we believe will be of interest to you.
5.3. You represent and warrant that you either own Your Content or have written permission from the applicable intellectual property rights owner (for example, your photographer) to make Your Content available to us for use with the Services and on the Personalized Goods you order.
5.4. Without limiting the generality of the previous clauses, you acknowledge that we will need to work with Your Content in order to provide you with the Services and Personalized Goods. For example, we will copy, and we may need to display, modify and Transmit Your Content when making the Personalized Goods, and we will distribute Your Content when shipping the Personalized Goods to you. By the license granted above, you are giving us permission to do this and, because we are using Your Content to provide you with the Services and the Personalized Goods, you will not charge us any royalty. We will retain Your Content on our servers until the satisfactory completion of your order. We agree that our use of Your Content will be limited to the scope of the Services and the Personalized Goods that we provide. And rest assured that we will never use Your Content to market, promote or advertise the Services to others without your express written permission.
5.5. We reserve the right to reject any or all of Your Content if we determine, in our sole discretion, that Your Content is inappropriate or otherwise inconsistent with the exercise of good judgment. For example, and without limitation, we may reject any of Your Content that we believe:
5.5.1. infringes an intellectual property or other right of a third party;
5.5.2. is or may be libellous, defamatory or slanderous;
5.5.3. denigrates or offends any group on the basis of ethnicity, race, gender, sexual orientation or religion, or persons who are physically or intellectually challenged;
5.5.4. is designed to or would harass, threaten, defame or abuse others;
5.5.5. exploits an image or likeness of anyone under 18 years of age;
5.5.6. incites or advocates terrorism or violence;
5.5.7. characterizes any other unlawful activity as acceptable, glamorous or desirable; or
5.5.8. contains viruses, worms, Trojan horses or any material which may compromise the Services.
5.6. Vector artwork is preferred and only PC format artwork will be accepted.
5.7. We do not accept the following formats:
5.7.1. Word files,
5.7.3. .jpg or .jpeg (under 600dpi),
5.7.4. PowerPoint files.
5.8. Upon written approval of layouts please confirm that your signoff has been received.
5.9. IceStar cannot take responsibility for non-delivery of orders if layout approval is not received.
5.10. Personalized Goods will only be sent for production once full payment has been received and artwork has been approved.
5.11. Reminders will be sent out if we require either approval or payment from you before commencing with the Service. If you have paid for and approved the order and are still receiving these reminders, please contact IceStar directly to ensure that we have received all the relevant information.
5.12. Delivery dates are quoted from the day after artwork approval and receipt of payment - whichever is later.
5.13. Amendments made to proofs will result in a delay to delivery date. Should you require changes, we will issue a new layout for final proofing before production commences.
5.14. Artwork received in the correct format will not be charged for.
5.15. Artwork not received in the correct format will attract a redrawing fee of R 200. This fee will accommodate 2 further changes to the layouts, where after any additional changes will be charged at R 100 per change.
5.16. Cancellation of orders after layouts have been generated will be charged for at R 100 per layout completed.
6. Your responsibilities
6.1. When ordering Goods which are to be worn (including but not limited to clothing, shoes, head wear, etc.) or Personalized Goods it is your responsibility to:
6.1.1. ensure that the correct model, size and/or colour are selected;
6.1.2. ensure the correct clothing, shoe or relevant sized Goods are chosen based on the provided sizing information or charts;
6.1.3. provide Your Content;
126.96.36.199. provide correct information for personalization (i.e. correctly spelt, punctuated, etc.);
188.8.131.52. provide, gives details relating to or select the font(s) to be used;
184.108.40.206. provide any required images or artwork in one of the recommended formats and at a sufficiently high enough resolution/quality for the purpose;
220.127.116.11. select or provide the specifics around layout of text and/or images;
6.1.4. carefully review, identify any required changes and when satisfied approve layouts in writing.
7. Conclusion of sales and availability of stock
7.1. Registered users may place orders for Goods, which IceStar or the Third Party Vendor may accept or reject. Whether or not IceStar or the Third Party Vendor accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by IceStar for the Goods.
7.2. NOTE: IceStar or the Third Party Vendor will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and IceStar or the Third Party Vendor come into effect (the “Sale”). This is regardless of any communication from IceStar stating that your order or payment has been confirmed. IceStar will indicate the rejection of your order (by IceStar itself or the Third Party Vendor) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
7.3. For Goods which are not personalized you may, prior to shipping or your collection of the Goods, cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
7.4. Cancellation of personalised orders that have already been sent for production: In the event that the personalisation process has already been completed, you will only be offered a 50% refund.
7.5. In the event that the order has not already shipped from our production facility: If the customer has incorrectly entered or approved the personalisation, IceStar will charge an additional 50% reproduction charge to produce a replacement.
7.6. In the event where the order has already shipped from our production facility: If the customer has incorrectly entered or approved the personalisation information, IceStar will charge a further 50% reproduction charge to produce a replacement, in addition to a collection and redelivery fee.
7.7. Please check your order or with our agent for status of production
7.8. Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods 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 IceStar or the Third Party Vendor liable if such Goods 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. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by IceStar, IceStar will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, IceStar will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
7.10. In the case of Goods for sale by a Third Party Vendor, IceStar relies on inventory information supplied by the relevant Third Party Vendor and IceStar accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Vendor which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Vendor, your respective rights and obligations being as set out in these Terms and Conditions.
8.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
8.2. Whether the Goods are for sale by IceStar or a Third Party Vendor, payment can be made for Goods via -
8.2.1. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 (two) working days of placing your order. Any payment has to reflect in our account before IceStar will accept your order. This may affect the delivery date;
8.2.3. IceStar Gift Cards;
8.2.4. IceStar Coupons;
8.3. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
8.4. You may contact us via our Help page to obtain a full record of your payment. We will also send you email communications about your order and payment.
8.5. Once you have selected your payment method (save for IceStar Gift Cards, IceStar Coupons or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
9. Delivery of goods
9.1. IceStar offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
9.1.1. courier; or
9.2. For more information about delivery, please see our Shipping & Returns notice. Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the Shipping & Returns notice for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
9.3. Where it accepts your order, IceStar or the Third Party Vendor will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
9.4. IceStar’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. IceStar is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
10.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
10.2. IceStar shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
11. Gift Cards & Coupons
11.1. IceStar may from time to time make physical or electronic gift cards or vouchers (“Gift Card”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of IceStar Goods. Gift Cards and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
11.2. Gift Cards
11.2.1. Gift Cards that are purchased by registered users are valid for 3 years after Sale. Gift Cards that IceStar gives away for free are valid for the period stated thereon. In each case, if your Gift Card has not been used within that period, it will expire.
11.2.2. Gift Cards cannot be used to buy other Gift Cards or Coupons. They do not accrue interest and are not refundable for cash once purchased. 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.
11.2.3. IceStar is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Card, after it has delivered the Gift Card to you or the email address nominated by you.
11.3.1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
11.3.2. Coupons are issued in IceStar’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
11.3.3. As a general rule, and unless specified otherwise on the specific Coupon itself:
18.104.22.168. each Coupon can only be used once;
22.214.171.124. only one Coupon can be used per order;
126.96.36.199. only one Coupon can be used on the Website per person per promotion/campaign;
188.8.131.52. a minimum spend value may apply to the Coupon;
184.108.40.206. Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000;
220.127.116.11. where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
18.104.22.168. a Coupon must be used at check-out – it cannot be used later on existing orders; and
22.214.171.124. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you; and
126.96.36.199. a Coupon may not be redeemable on certain Goods and/or special offers.
11.3.4. Coupons cannot be used to buy Gift Cards or other Coupons, and cannot be exchanged or refunded for cash or credit. IceStar is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
11.3.5. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us here to confirm if the Coupon is still valid. If IceStar confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
11.3.6. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by IceStar, before you are able to use a Coupon.
12. Deal of the Day / Deal of the Week and other discounted Goods
12.1. From time to time, we may offer certain Goods at discounted prices as part of a Deal of the Day, Deal of the Week or a Bundle Deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
12.2. However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
12.3. For example: if you buy more than one product in a Daily Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
12.4. Deal of the Day
12.4.1. At our discretion, Deal of the Day (“Deals”) are available daily from 7am – 23:59pm on weekdays and from 9am – 23:59pm on weekends. In addition, please note that Deal of the Day have a stock limit and may expire earlier if stock runs out.
12.5. Deal of the Week
12.5.1. At our discretion, Deal of the Week (“Deals”) are available from Monday 7am – Sunday 23:59pm. In addition, please note that Deal of the Week have a stock limit and may expire earlier if stock runs out.
12.6.1. Deal quantities are limited and as such, after a Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Deal of the Day or Deal of the Week).
12.6.2. We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of IceStar.
12.6.3. Only one of each Deal may be purchased per customer unless otherwise specified.
12.6.4. Adding a Deal to your cart, or completing your order for a Deal without paying for it, does not reserve the item for you. IceStar must receive payment from you within 24 hours of you placing your order for a Deal, otherwise we will cancel your order.
12.6.5. IceStar will reserve stock for customers in the order in which it receives payment. Therefore, if you pay via EFT, you might not get your item because IceStar may only receive payment from you a few days later, and in the meantime the Deal might sell out to customers paying immediately.
12.6.6. The List Price shown in respect of Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Vendor, the List Price may be provided by the Third Party Vendor.
12.6.7. By purchasing any Deal, you are also automatically opting in for our Deal of the Day and/or Deal of the Week newsletters as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
12.7. Bundle Deals
12.7.1. We may offer bundle deals for sale under the Bundle Deals tab on the Website (“Bundle Deals“). Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single bundle.
12.7.2. Any savings or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable savings or discount) of each component product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy (see Shipping & Returns).
12.7.3. A Bundle Deal should be distinguished from a pre-packed bundle compiled by our supplier and supplied to us as a single unit (“Pre-packed Bundles“). Any savings or discount in respect of a Pre-packed Bundle will be applied only to the total bundle price and not to the prices of the individual component products. Please refer to our Returns Policy (see Shipping & Returns) for information about returning a Pre-packed Bundle.
13. Third Party Vendors
13.1. IceStar will indicate on relevant product pages when Goods are for sale by a Third Party Vendor. In such cases IceStar only provides the platform to facilitate transactions between Third Party Vendors and IceStar customers. IceStar is neither the buyer nor the seller of these Goods unless otherwise specified.
13.2. The Sale formed on acceptance of your order (in accordance with clause 7.2) for Goods that are for sale by a Third Party Vendor is therefore solely between the registered user and such Third Party Vendor. IceStar is not a party to that sale.
13.3. The Third Party Vendor is solely responsible for fulfilment of delivery of the Goods. The Third Party Vendor is also responsible to provide an invoice to the registered user if required.
13.4. Not all Third Party Vendors are registered VAT (Value-Added Tax) vendors. Only Third Party Vendors who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Vendor is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
13.5. Because IceStar wants the registered user to have a safe and consistent experience, IceStar will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Vendor on behalf of the Third Party Vendor according to IceStar’s own Returns Policy. Should such claim escalate into being a dispute, although IceStar is entitled to become involved in an attempt to resolve it, IceStar is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Vendor alone.
14.1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
14.3. We may collect aggregate or non-identifiable (anonymous) information from all visitors to the Website and/or users of the Services, regardless of whether they place an order with us, volunteer such information, communicate with us, join a mailing list or otherwise (such as age, gender, language, zip code, device, browser, operating system, unique device identifier and location). We may use such information and pool it with other information to track, for example, the total number of visitors to the Website, the number of visitors to each page of the Website, the number of users of the Website, the domain names of our visitors’ internet service providers, and how our users use and interact with the Website. We may share this non-identifiable and aggregate data with our affiliates, agents and business partners, or disclose aggregated user statistics in order to describe the Website to current and prospective business partners, and to other third parties for other lawful purposes.
14.4. Icestar makes use of Google Analytics Advertising Feature which makes use of first and third-party cookies and identifiers together. You can opt out of the Google Analytics Advertising Features that IceStar uses through Ads Settings, Ad Settings for mobile apps or any other available means. Click here for Google Analytics' currently available opt-outs for the web.
14.6. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to -
14.6.1. your name and surname;
14.6.2. your email address;
14.6.3. your physical address;
14.6.4. your postal address;
14.6.5. your gender;
14.6.6. your telephone number;
14.6.7. your mobile number; and
14.6.8. your date of birth.
14.7. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
14.8. You may choose to provide additional personal information to us, or provide Your Content (refer to Terms and Conditions, clause 5) for fulfilment of Services relating to Personalized Goods, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
14.9. Subject to clause 14.10 below, we will not, without your express consent:
14.9.1. use your personal information for any purpose other than as set out below:
188.8.131.52. in relation to the ordering, sale and delivery of Goods;
184.108.40.206. to contact you regarding current or new Goods or Services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
220.127.116.11. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
18.104.22.168. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
14.9.2. disclose your personal information to any third party other than as set out below:
22.214.171.124. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods, or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
126.96.36.199. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
188.8.131.52. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
184.108.40.206. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc.). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
220.127.116.11. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
18.104.22.168. to any Third Party Vendor for purposes of sending you an invoice for any Goods purchased from such Third Party Vendor, which disclosed information will be limited to your email address (refer to Terms and Conditions clause 13).
14.10. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, IceStar is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
14.11. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
14.12. Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
14.13. We will -
14.13.1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
14.13.2. take 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;
14.13.3. provide you with access to your personal information to view and/or update personal details;
14.13.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
14.13.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
14.13.6. upon your request, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
14.14. 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 you consent to us retaining such information for a longer period.
14.15. IceStar undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
14.16. 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.
15. Changes to these Terms and Conditions
15.1. IceStar may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
15.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
16. Electronic communications
17. Ownership and copyright
17.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of IceStar, its advertisers and/or sponsors and/or is licensed to IceStar.
17.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
17.3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permission for the commercial use of any Website Content contact us via our Help page.
17.4. Where any of the Website Content has been licensed to IceStar 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.
18.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.
18.2. Whilst IceStar takes reasonable measures to ensure that the content of the Website is accurate and complete, IceStar makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by IceStar’s representatives, IceStar shall not be bound thereby.
18.3. IceStar disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
18.4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
18.5. Any views or statements made or expressed on the Website are not necessarily the views of IceStar, its directors, employees and/or agents.
18.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, IceStar 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 IceStar, its employees, agents or authorised representatives. IceStar 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.
19. Linking to third party websites
19.1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and IceStar is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
19.2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely 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 Third Party Websites or your reliance on any information contained thereon.
20. Limitation of liability
20.1. IceStar cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of IceStar, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.
20.2. ICESTAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
20.3. YOU HEREBY INDEMNIFY ICESTAR AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
21. Availability and termination
21.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
21.2. IceStar may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that IceStar will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
21.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
21.4. IceStar is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by IceStar to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and IceStar, in whole or in part, on notice to you. IceStar shall only be liable to refund monies already paid by you (see IceStar’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
21.5. At any time, you can choose to stop using the Website, with or without notice to IceStar.
22. Governing law and jurisdiction
22.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
22.2. In the event of any dispute arising between you and IceStar, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (KwaZulu-Natal Division, Durban) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
22.3. Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
23.1. IceStar hereby selects 7 Taylor Place, Virginia, Durban North, KZN, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). IceStar may change this address from time to time by updating these Terms and Conditions.
23.2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving IceStar not less than 7 days’ notice in writing.
23.3. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent -
23.3.1. by hand will be deemed to have been received on the date of delivery;
23.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
23.3.3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
26.1. IceStar may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
26.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
26.3. Any failure on the part of you or IceStar to enforce any right in terms hereof shall not constitute a waiver of that right.
26.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
26.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
26.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
26.7. These Terms and Conditions contain the whole agreement between you and IceStar and no other warranty or undertaking is valid, unless contained in this document between the parties.