General Terms and Conditions
Who you are contracting with:
• www.wizebooks.com (the "Website") is owned and operated by Wize Books CC, registration number: 2009/219135/23 (hereinafter referred to as "Wize Books").
• Visitors to the Website ("Users" or "you"), including those Users who purchase any products on the Website ("Purchasers") are bound by these terms and conditions ("T&C"). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by
Lay-out of these T&C: These T&C apply to your use of, and purchases made on, the Website and are divided into various sections as follows:
• Part 1: Purchases from Wize Books – terms and conditions applying to purchases from Wize Books
• Part 2: Wize Rewards Terms and Conditions
• Part 3: General – terms and conditions applying to your use of the Website and any purchases made by you on the Website.
PART 1: PURCHASES FROM WIZE BOOKS
Wize Books Products & Availability
Stock availability: Stocks of all goods on offer are limited. Wize Books shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should Wize Books be unable to fulfil any order placed by you at the advertised price due to stock having sold out, Wize Books will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy ("Refund Policy")
Digital Content: If you are unfamiliar with digital products, please pay particular attention to the "eBooks" clause herein below, which describes the nature and limited functionality and usage rights of eBooks.
Errors: Please note that although Wize Books endeavours to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to Wize Books for a refund within 72 hours of delivery. Please see our Refund Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).
"eBooks" and "Links" thereto
In these T&C, an "eBook" means an electronic book, in .pdf or .epub format, capable of being opened and read on your PC or Mac computer using Adobe Digital Editions software ("Adobe Reader") and on certain other mobile hardware devices (such as i-phones and android devices) using any software. Both such aforesaid digital content reader applications are hereinafter referred to as "Reader Applications". Your access to any eBook purchased by you from Wize Books will be granted via a link to such eBook’s. ("Link")
Limits to functionality and usage of eBooks:
• eBooks will not be able to be read on devices that do not support the Reader Applications.
• Even if a device supports either of the Reader Applications, eBooks will only be able to be read on such device/s as you have associated with your profile in such Reader Application. If you have not registered with one of the Reader Applications, you will only be able to read the eBook on the device onto which it was first downloaded.
• You will need to be connected to the internet when you download an eBook and open it for the first time. On subsequent openings of the eBook, you will not need to be connected to the internet, provided you are opening the eBook from the device you registered with the relevant Reader Application when you first downloaded and opened the eBook.
Illegal Use of eBooks
• All eBooks are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of eBooks is intended for your personal and non-commercial use. Any other use of eBooks purchased from Wize Books is strictly prohibited.
• You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of eBooks, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ eBooks to any other person. You may also not do anything which otherwise contravenes any license conditions imposed by the publisher, as described on the relevant eBook’s product detail page. These aforementioned prohibitions are hereinafter referred to as "Illegal Activities". By downloading any eBook, you hereby acknowledge and agree to these terms. You hereby undertake that you shall not attempt to be able to do any of the Illegal Activities and should any of the Illegal Activities be possible for some reason, you undertake to not do so. You hereby indemnify Wize Books from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against Wize Books which arise from or in relation to your having participated in any Illegal Activities in relation to any eBook sold by Wize Books.
Ordering eBooks from Wize Books
• You will only be able to include one eBook of any specific type in an order. If you have any eBooks in your basket together with other products, the basket will be split into different orders.
• When purchasing an eBook from Wize Books, you will be purchasing the right to download such eBook from the relevant publisher’s website and consequently, delivery will take place electronically via the internet as described below.
Practical issues to note in utilising the Link to download the eBook:
The Link will contain your unique reference number as allocated by the publisher of the eBook. By clicking on the Link, a small locator file, unique to you, will be downloaded and will give you access to the eBook. IMPORTANT: the locator file required in order to access the eBooks will only be downloaded IF the device you are using to click the Link is already associated with the relevant Reader Application (i.e. if you’re using a PC or Mac to click on the Link, you must have the Adobe Reader installed on that PC/Mac, and if you’re using a mobile device to click on the Link, you must have the Wize Books Reader installed on that mobile device). If you have any problems relating to the functionality of your Link, please report same to Wize Books at firstname.lastname@example.org so that we can assist you in resolving the problem.
Agreements of Sale
Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not constitute an agreement of sale and/or an order for such product, and as such, Wize Books may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold Wize Books liable if such product is not available when the purchase cycle is completed at a later stage.
An agreement of sale only comes into effect if and when: (a) you electronically submit a properly completed order for one or more products in your shopping basket; and (b) payment is either authorised, or received by Wize Books in its bank account;
Termination of Sales & Cancellation of Orders
• By Wize Books:Wize Books reserves the right, for purposes of preventing suspected fraud to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Wize Books in whole or in part for any reason whatsoever, on notice to you. Wize Books shall only be liable to refund monies already paid by you to us(see Wize Books’s Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.
• By You: Save for certain exceptions (like eBooks), and subject to certain charges, you are entitled to cancel any sale concluded on this Website within 72 hours after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please read the Refund Policy for further details in this regard.
Amounts payable by You
1. Prices: The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
2. Delivery Charges: Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, main centers areas or outside the main centers.
3. Value Added Tax: Value added tax at the rate of 14% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international, however each and every products will have to be approved as an allowable export by the actual publisher.
Errors: Wize Books shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Wize Books shall not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
Subject to any exceptions expressly mentioned below, your payment for any products ordered from Wize Books must be made to us in any one of the following ways:
1. Credit card payments.
At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank’s authorisation is not obtained, the order will be cancelled. Wize Books may carry out certain fraud checks with the cardholder or the cardholder’s bank, should Wize Books be unable to verify the validity of the transaction the order will be cancelled.
Storing credit card details: Note that the Website may enable you to store your credit card details for easy usage later. However, Wize Books is not the one collecting, storing or otherwise processing your credit card details. Instead it is PayU Payment Solutions (Pty) Ltd ("PayU"), a Payment Card Industry ("PCI") compliant payment service provider, who will collect, store and process your credit card details for you, and display them to you later on the payment page of the Website and/or other external websites which support this PayU facility. More specifically, by selecting to have your credit card details stored, you will be doing the following:
• contracting with PayU who will collect, store and process your credit card details for you on its systems in an encrypted format in PayU’s secure PCI compliant environment (which is why you will be clicking to agree to its standard terms of service that are applicable to you);
• agreeing that Wize Books may disclose (by means of a link between the Website and the systems of PayU) to PayU such of your information that Wize Books has on record as is necessary to enable PayUi) to verify your identity and determine whether you are already a registered PayU user or not; ii) to create a profile for you and store your credit card details with reference to that profile; and iii) to check against your profile and pre-populate your credit card details on the Website, whenever you log into your account (without you having to actively call upon PayU to do so each time).
2. Bank deposits & Electronic Funds Transfer
If you select to pay via this method, instructions will be given on how to deposit monies into Wize Books’s bank account and it would be subject to the following rules:
• the exact amount must be paid;
• the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
• no transfers may be made from ATM’s;
• cheque deposits are subject to a clearing period.;
• no bank deposits are accepted from outside the borders of South Africa; and
• your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.
• Your payment will only be allocated as received once cleared on our Bank Statement.
Wize Books delivers to addresses both within and beyond the borders of South Africa.
The following types of products which will only be delivered to addresses within the Republic of South Africa:
• Books where the publisher does not approve the export of the product due to special South African pricing.
• Delivery charges are fixed inside the borders of South Africa, however additional charges will apply where the address is beyond the South African borders. A Quote will be obtained by the Wize Books staff and emailed to you for acceptance.
• Please read our Delivery Charges page for further details.
• Delivery periods are only regarded as having commenced upon payment confirmation being received by Wize Books. If paying with a specific credit card for the first time on the Website, or if Wize Books regards the transaction to be large and/or unusual, Wize Books may carry out certain fraud checks with the cardholder’s bank and the delivery period shall only be regarded as having commenced upon completion of such checks.
• Delivery periods are calculated based on business days only. Saturdays, Sundays and public holidays are not taken into account in calculating delivery periods. So, for eg, if you order something over the weekend, the delivery period will only start running on the next business day, subject to payment and confirmation and fraud checks.
• If products with different Lead-times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order, unless you chose the option of multiple deliveries. So, if you want to order various products where some have a shorter delivery period than others (including so-called ’24 hour dispatch products’), Wize Books recommend that you order such products separately from the products requiring longer delivery times as our webstore only allows for 2 x deliveries when you chose multiple deliveries.
• Wize Books makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.
Inside the borders of South Africa
All Wize Books items listed on the Website have an indication of the Lead-time till being dispatched. However, note the following in particular:
Lead Time explanations
Week days means Monday to Friday 8:30 to 17:00 and excludes public holidays.
• 24 hour dispatch products’ – these are products which are in all likelihood in stock and will be dispatched from Wize Books warehouse within 24 hours, which means you should receive them within 2 to 4 business weekdays However, this only applies:
o if you order and we receive the payment of the products before 12h00 on a weekday (failing which, dispatch will be delayed to the next weekday), and
o if delivery is to be made to a main centre in South Africa. "Main centres" of the following cities: Pretoria, Johannesburg, Bloemfontein, Cape Town, George, Port Elizabeth, East London, Durban, Pietermaritzburg and Nelspruit. Delivery outside main centres is usually within an additional 2 weekdays.
• locally sourced books – usually within 5 to 10 week days.
• internationally sourced books – usually within 15 week daysdays.
Outside the borders of South Africa
Goods to the following international destinations are sent as follows:
• African countries – delivery to a post office in such African country or via courier;
• All other countries – via airmail parcel post or via courier (the costs of courier delivery usually being very high and determined on an ad hoc basis).
Delivery usually takes place within 2 or 3 weeks after dispatch, however, seasonal peaks and delays at customs is outside the control of Wize Books and deliveries may take up to 12 weeks.
eBooks are digital products which will be delivered to you electronically via the internet. More specifically, delivery will occur as follows: Upon receipt or confirmation of payment, Wize Books will obtain your Link to the relevant eBook from the relevant eBook publisher and deliver such Link to you via email. The speed of delivery of a Link will depend on a variety of factors, most of which are internet related and beyond Wize Books control (such as server availability, ADSL lines etc) and as such, Wize Books does not hereby undertake to make delivery within any specific timeframe. However, as a guide only, delivery should occur within a few seconds, but can also take up to a number of hours.
You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions.
PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
• so as to reduce the risk of fraud, eBook publishers limit the number of times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click so as to prevent fraud.;
• the Link will not appear if you have removed it, or Wize Books has removed it pursuant to your having ‘returned’ the eBook (if possible in accordance with Wize Books’sRefund Policy from time to time);
• Wize Books does not guarantee that eBook publishers will make their eBooks available for download indefinitely and Wize Books accepts no responsibility or liability to you or any other person if, upon your accessing and clicking the Link, the relevant eBook publisher no longer has the eBook available for download via such Link, provided that, if you discover and report such a problem within 6 months of ordering the eBook, you will be entitled to a refund of the purchase price paid therefor.
Vouchers & Coupons
Wize Books may make physical and/or electronic gift vouchers ("Vouchers"), as well as electronic promotional coupons ("Coupons") available on the Website from time to time. Vouchers and Coupons can only be redeemed while they are valid (their expiry dates being unable to be extended), and on the Website towards the purchase of Wize Books products. More specifically:
Physical Vouchers can be purchased and will be delivered in the same way that Wize Books products are, either on their own or together with other products. However, if you place any electronic Vouchers in your shopping basket with other goods, the system will split the basket contents into two orders (one for the goods, and one for the electronic Voucher/s). Payment for the electronic Voucher/s will also be obtained from the bank immediately.
Vouchers cannot be –
• used to purchase other Vouchers or Coupons;
• exchanged for cash; or
• transferred or assigned to any other person once already partially redeemed towards a purchase.
Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific Wize Books products listed on the Website. For example, although general Vouchers can be used to purchase any Wize Books products on the Website (including eBooks), eBook Vouchers can only be used to purchase eBooks on the Website.
Coupons are issued electronically at Wize Books own discretion. 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. As a general rule, and unless specified otherwise on the specific Coupon itself –
• a Coupon can only be used with promotional offers on the Website;
• only one Coupon can be used per shopping basket; and
• 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. Please note the following exception in this regard: should the value of the products in your shopping basket have qualified for ‘Free Delivery’, but after application of the Coupon to such basket, the remaining balance is less than the value required in order to qualify for Free Delivery, delivery costs in respect of such basket will be added and be payable by you.
Note that Coupons cannot be –
• used to purchase other Vouchers or Coupons;
• exchanged for cash; or
• transferred or assigned to any other person.
Wize Books participates in our own loyalty program – Refer Wize Loyalty program link at the bottom of the page. Also refer specific terms and conditions in the Loyalty and Referral section. K
PART 2 – GENERAL
Note that this Part 3 applies to all purchases made on the Website.
Restrictions on Sales
The onus is on you to ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such product (including DVD’s and Videos) and that these restrictions are observed. For example, if you make a Website purchase of a DVD for a friend, the onus is on you to ensure that the DVD is suitable for such child’s age or that your friend is at least 18 years old (as the case may be). Accordingly you indemnify Wize Books from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the Website registration process.
Regional encoding of DVDs:
Most of the DVDs available for purchase on the Website are encoded for use in region 2 or are encoded for multiple zones. DVD’s encoded for other zones will be indicated as such. Please note that it is your responsibility to ensure that you purchase DVD’s of the correct zone.
Defects, Returns, Refunds & Guarantees
Should you not be satisfied with any product purchased by you on the Website by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard, and how products are to be returned to us. Please click here to read such Refund Policy.
A full record of every sale and related transaction between you and Wize Books shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.
Save for Wize Books being liable to you –
• under the Consumer Protection Act 68 of 2008 ("CPA") in relation to any products sold by Wize Books to you via the Website; and
• under sections 43(5) and 43(6) of the ECT Act in relation to Wize Books payment systems not being sufficiently secure,
neitherWize Books 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 Website or the services or content provided from and through this Website. Furthermore, Wize Books makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to email@example.com
Although the products sold via the Website may be under warranty, the Website itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service and products available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Wize Books and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and Wize Books submit to the non-exclusive jurisdiction of the South African courts.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Wize Books suffers any damage or loss.
You agree and warrant that your log-in name and password shall be used for your personal use only and shall not be disclosed to any third party.
You allow Wize Books to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
All credit card transactions are Secure Socket Layers encrypted. Wize Books registration documents and the Website’s registered domain name are checked and verified by Thawte.
Changes to Agreement
Wize Books may, in its sole discretion, change these T&C or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
1. Between you and Wize Books: Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Wize Books on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Services Department of Wize Books, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
Address for Notices
Wize Books chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: Po Box 2829, Faerie Glen, 0043 with a copy to firstname.lastname@example.org (the sending of such copy being required in order for any notice to be validly delivered to Wize Books).
Term and Termination
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Wize Books from time to time (as described above), for so long as the Website exists and is operational, Wize Books being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by Wize Books).
Copyright & other Intellectual Property Rights
Any and all copyrighting of this Website, including our T’s&C’s, vests inWize Books. Accordingly and all rights not expressly granted are reserved and should be requested from email@example.com. You may however read, print or even download them from our Website for private or non-commercial purposes.
Wize Books and it’s management cannot review or edit all the information and or content on the Website and accordingly, we do not accept any liability for illegal, defamatory or obscene content. Should you experience any of the latter, then kindly inform us on firstname.lastname@example.org and we will endeavor to correct it.
The data and all content of the website and its associated registered trademarks on this Website, including but not limited to, graphics, software, text, designs, icons and agreements, are the property of or licensed to Wize Books and as such are protected from infringement by local and international legislation.
When you visit the Website or send e-mails to Wize Books, you consent to receiving communications from Wize Books electronically and agree that all agreements, notices, disclosures and other communications sent by Wize Books satisfies any legal requirements, including but not limited to the requirement that such communications should be "in writing".
No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.
No person, business or web site may use any technology to scrape or search and gain any information from this Website without the prior written permission of Wize Books.
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
Full name: Wize Books CC, registered in South Africa, registration number 2009/2191/35
Main business: Academic Bookshop retailing Books and or EBooks, Electronic equipment including but not limited to laptops, tablets and calculators and any associated products.
Address for receipt of legal service:PO Box 2829, Faerie Glen, 0043
Office bearers: CD Hechter (Director)
Store URL: www.wizebooks.co.za
Official email address: email@example.com