DEFINITIONS
“Buyer” means the person whose order is accepted by the seller (Vetcross Holdings Inc);
“Vetcross” means Vetcross Holdings Inc (Reg 2021/763086/21), which shall also refer to employees, representatives, and approved contractors;
“Parties” mean the parties to the Sale Agreement, namely Vetcross and the buyer;
“Product” means the product more fully describe on the sales transaction;
“Sale Agreement” means the agreement of sale concluded between Vetcross and the buyer;
“Vat” means value added tax
“The Site” refers to the Vetcross website www.vetcross.co.za
IMPORTANT NOTICE
These Terms and Conditions apply to Buyers who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
Buyer’s attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that the buyer does not understand, it is the buyer’s responsibility to ask Vetcross to explain it before accepting the Terms and Conditions, placing an order or continuing use of the Website.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the Site, you represent and warrant that all registration information you submit will be true, accurate, current, and complete; you will maintain the accuracy of such information and promptly update such registration information as necessary.
PRODUCTS
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.
All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to remove any products at any time for any reason.
Prices for all products are subject to change
PRODUCT LIABILITY
Vetcross warrants that the product conforms to all applicable South Africa statutes and regulations. All other conditions, warranties or representations (express or implied) as to the quality, fitness, performance or otherwise of the product are excluded.
Vetcross shall not, in any event, be liable for any defect in the product by reason of faulty production, quality of raw materials or otherwise. Refer to the Vetcross Returns Policy.
Vetcross shall not, in any event, be liable for any shortfall in delivery of the products, unless the buyer notifies Vetcross in writing of any such defect or shortfall within 48 hours of the delivery date. Refer to the Vetcross Returns Policy
Upon the buyer signing the receipt or delivery note the buyer shall and be deemed to have taken delivery of the product.
PURCHASES AND PAYMENT
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account information, including email address so that we can complete your transactions and contact you as needed. Vat is included in the displayed prices. We may change prices at any time.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
BUYER INDEMNITY
The buyer hereby fully indemnifies and holds Vetcross harmless to the fullest extent possible in law, against any claims (whether direct or indirect) of whatsoever nature or howsoever arising brought against Vetcross including, without limitation, any loss, liability (whether actual, contingent, consequential or otherwise), damage, costs and/or expenses incurred or suffered, arising from or incidental to any:
breach of the Sale Agreement by Vetcross, or other act or omission by Vetcross.
FORCE MAJEURE
Vetcross shall not be liable for delay or non-performance in whole or in part of its contractual obligations in consequence of war, blockades, revolution, insurrection, civil commotion, riot, strike or other labour trouble, lock out, act of god, plague or other epidemic, fire flood, obstruction of navigation at load port, act of government or public enemy, sabotage, quarantine restriction, explosion or embargo. Failure by the buyer to make payment shall not be excused by force majeure. Vetcross shall notify the buyer in writing as soon as any force majeure circumstance has occurred. If delivery is prevented or delayed for more than 3 (three) months, either Party has the right to cancel the Sale Agreement in whole or part without liability to the other.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have first-hand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
Please contact Vetcross through the “Contact Us” page or the email address provided should you have any concerns or queries regarding a product.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
GENERAL
Any dispute shall, in Vetcross’s exclusive discretion, be submitted for resolution by arbitration in accordance with the rules of the South Africa and shall be held in Johannesburg.
No alteration, cancellation, variation of, or addition hereto shall be of any force or effect, unless reduced to writing and signed by both parties, or their duly authorised representatives.
No indulgence, leniency or extension of time which party may grant or show to any other Party, shall in any way prejudice such Party or preclude it from exercising any of its rights in the future.