TERMS AND CONDITIONS
By accessing or using the www.alphasports.co.za, the user acknowledges that he/she has read, understood, and agrees, without limitation or qualification, to be bound by the following Terms & Conditions which include our Privacy Policy.
Terminology
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Ownership
alphasports.co.za is a division of Alpha Sports Nutrition (Pty) Ltd, Reg. 2015/251519/07, and comprises alphasports.co.za as well as all its related sub-pages (hereinafter referred to as “alphasports.co.za” or the website).
Privacy Statement
Please review our Privacy Policy, which also governs your visit to the Website to understand our practices. When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Intellectual Property Rights
All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to alphasports.co.za and as such are protected from infringement by local and international legislation and treaties.
Disclaimers
The products and claims made about specific products on or through alphasports.co.za has not been approved to diagnose, treat, cure or prevent any disease.
alphasports.co.za is not intended to provide diagnosis, treatment or medical advice, merely suggestions, information or recommendations from our professional consultants. Products, services, information and other content provided on alphasports.co.za, including information that may be provided on alphasports.co.za directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging.
Information about each product is taken from the labels of the products or from the manufacturer’s advertising material. We cannot be held responsible for typographical errors or product formulation changes.
Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither alphasports.co.za 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, alphasports.co.za 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 info@alphasports.co.za
This website 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 alphasports.co.za that the service available from and through this website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of alphasports.co.za and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
Neither alphasports.co.za 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 website.
Read all warnings and follow the recommended usage on the product label.
General contest, competition, prize draw and giveaway.
These rules apply to all competitions, prize draws, promotions, giveaways and suchlike that are promoted on and run through our website or social media channels.
To enter a competition you must enter as directed on our website or social media channels.
Promotions on social media are in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Google Plus, Instagram, LinkedIn or any other social network.
1. Eligibility and entry restrictions:
Entrants must be a real person, at least 16 years old and permanently reside in South Africa.
2. Start and closing dates:
A competition shall open for entries at the time and on the date specified on our website and/or social media channels, and similarly, shall close to entries at the time and on the date specified on our website and social media channels.
Any entries received before the opening or after the closing of the competition will be invalid and will not be entered into the competition.
3. Judging
Competition entries shall be judged or winners selected on the basis of those criteria specified on our website and/or social media channels in relation to the competition.
If a competition entrant does not meet the eligibility requirements or is subject to any entry restrictions, that entrant shall not be entitled to be adjudged a winner, and will not be entitled to a prize in any circumstances.
Our decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
4. Winners and prizes
Competition prizes for each competition shall be specified on our website or social media channels in writing or images.
Competition prize winners will be notified of the competition result by direct message on social media (winners must therefore ‘like’ or ‘follow’ our social media accounts in order to be contacted about prizes) not more than 7 days following the closing date of the competition, and will receive their prizes not more than 10 days following that closing date.
Reasonable efforts will be made to contact the prize winner for 7 days but if the winner fails to respond to our notification attempts within this time or provide an address for delivery of the prize or fails to meet any of the eligibility requirements or is otherwise unable to comply with the competition terms and conditions, we reserve the right to disqualify that entrant and offer the prize to the next eligible entrant and thereafter until a winner is found.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on alphasports.co.za; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, sizes or other content available on alphasports.co.za are accurate, complete, reliable, current, or error-free.
Limited Licenses
We grant the user a limited, revocable, and non-exclusive license to access and make personal use of alphasports.co.za. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the website or any portion thereof; (ii) modify or download the website or content (except caching or as necessary to view the website); (iii) make any use of the website or content other than personal use; (iv) create any derivative work based upon either the website or content; (v) collect account information for the benefit of the user or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or the trademarks or to otherwise use the trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant the user a limited, revocable, and non-exclusive license to create a hyperlink to the home page of alphasports.co.za for personal, non-commercial use only. A website that links to alphasports.co.za (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any trademark; and (vii) may not link to any page of alphasports.co.za other than the home page. We may, in our sole discretion, request that the website removes any link to alphasports.co.za, and upon receipt of such request, such link shall immediately removed.
Indemnification
The user agrees to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from his use of alphasports.co.za. He also agrees to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from his use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action he takes that imposes an unreasonable burden or load on our infrastructure.
Typographical errors
In the event a product is listed at an incorrect price due to a typographical error. We have the right to refuse or cancel any orders placed for product listed at the incorrect price. Our online store, alphasports.co.za, shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card for the cancelled amount.
Disputes
With respect to any dispute regarding alphasports.co.za, all rights and obligations and all actions contemplated by these Terms & Conditions shall be governed by the laws of South Africa, as if the Terms & Conditions were a contract wholly entered into and wholly performed within South Africa. Any dispute relating in any way to the user’s visit to alphasports.co.za shall be submitted to confidential arbitration in South Africa, except that, to the extent he has in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and he consents to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing in South Africa. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Changes to Agreement and Termination
The user acknowledges and agrees that these Terms & Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning his use of alphasports.co.za and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms & Conditions at any time by posting the changes on alphasports.co.za. Any changes are effective immediately upon posting to alphasports.co.za. The user’s continued use of alphasports.co.za constitutes the user’s agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms & Conditions. The user shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of alphasports.co.za.
Nothing contained in these Terms & Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require the user’s performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms & Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitrary award or court decision, such unenforceability or invalidity shall not render these Terms & Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Returns Policy
Change of mind
You may return any product to us within 7 working days of the invoice date, provided it is unopened, sealed and in its original condition. The product will have to be sent back to us at your own cost.
Once we have received the product you will be contacted to provide your banking details for the refund of the product only. Any delivery fees that were paid to receive the product will not be refunded.
To return a product send an email to sales@alphasports.co.za.
The product needs to be returned to our head office:
Alpha Sports Nutrition
Pendulum Industrial Park, Unit 14
662 Richards Drive
Halfway House, Midrand
South Africa
Damaged or Defective product received
If you received a damaged or defective product please send an email with photos of the damaged product to sales@alphasports.co.za as soon as possible but no later than 7 working days after receiving the product.
Collection of the product will be arranged with a courier provider. Once we have received the product, a replacement product will be sent within 7 working days.
We cannot offer an exchange or refund before receiving the damaged or defect product.
Incorrect product Received
If you received an incorrect product please send an email to sales@alphasports.co.za as soon as possible but no later than 7 working days after receiving the product.
We will arrange a collection of the product with our courier provider. Once we have received the wrong product we will send you the correct one within 7 working days.