Terms and Conditions
Use of the VetsMart Website and Purchase of Goods via the VetsMart Online Store
Viamed Investment Holdings (Pty) Ltd, trading as VetsMart
Tel: 087 700 6879
Fax: 021 393 7796
Welcome to www.vetsmart.co.za. Please take a moment to read through our Terms and Conditions as your continued support and cooperation is important to us.
Introducing the VetsMart Online Store
All references to “the Company“, “we“, “us” and “our” within these terms and conditions are deemed to refer to Viamed Investment Holdings (Pty) Ltd, trading as VetsMart, with registration number 2004/028977/07, a limited liability private company incorporated in the Republic of South Africa and having its registered address at 2 Seder Avenue, Panorama, Cape Town, 7506.
All references to “you” and “your” are deemed to refer to any user and/or visitor of www.vetsmart.co.za (“Website“).
These “Terms and Conditions“ govern your:
- use of the website
- use of the forum.
Terms and Conditions Apply
By using our Website you are deemed to have read and accepted all Terms and Conditions and agree to be bound by them. If you do not agree with our Terms and Conditions please do not make use of our Website.
For any queries related to these Terms and Conditions please feel free to contact our Head Office.
Changes to these Terms and Conditions
The Company reserves the right to update and/or change the Terms and Conditions periodically without any notice, and you are accordingly encouraged to check the Website from time to time as your use of the Website means that you accept any revised and updated terms. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
- Governing Law
- 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.
- Availability and termination
- Availability of the Website will be maintained, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
- The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
Use of the Website
You may not use this Website to distribute material which is:
- false or misleading
- containing spam or chain letters
- contains or amounts to hate speech or;
- is otherwise unlawful.
You may only use the Website if you are 18 years of age or older. If you are under the age of 18, the use of this Website will only be permitted with the consent and involvement of your parent/s or legal guardian/s.
Displaying, copying, publishing, printing, posting or using the Website and/or the information contained therein for the benefit of any other website without prior written consent of an authorised company representative is not allowed.
By using the Website and thereby accepting the Terms and Conditions, you agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. You agree that you will not use any spider, robot, other automatic device, or manual process to monitor, distribute, copy or modify the Website or the information contained.
Linked Third Party Websites
- This Website may contain links or references to other websites (“Third Party Websites“) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
- 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.
- Any person who accesses this Website or relies on this Website or on the information contained therein does so at his/her own risk.
- While the Company takes reasonable measures to ensure that the contents of this Website are complete and accurate, the Company makes no representations or warranties, whether express or implied, as to the timeliness, operation, quality, integrity, functionality or availability of this Website or as to the accuracy, completeness or reliability of any information on this Website.
- The Company does not accept any responsibility for any errors or omissions on this Website.
- All information provided on this website is provided “as is” without warranty of any kind, either express 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.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of malware, spyware, viruses, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer network, computer system, hardware or software in any way.
Ownership and copyright
- The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company.
- No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site contact our Head Office at 087 700 6879 or e-mail email@example.com
- We respect your privacy. Should you decide to make use of our Website, the only personal information that we will require of you is the following -
- your name and surname;
- your email address;
- your physical address;
- your ID number
- your contact number
- It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete.
- You may choose to provide additional personal information to us, 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.
- The purposes for which we will use your personal information are as follows: to contact you regarding current or new products or services, to inform you of new features, special offers and promotional competitions, and to improve your experience on our Website by, among other things, monitoring statistical non-personal browsing habits, and to transact with us.
- The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is -
- required in order to comply with applicable law, order of court or legal process served on the Company; and/or
- disclosure is necessary to protect and defend the rights or property of the Company.
- We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
- We will -
- treat your personal information as strictly confidential;
- 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;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
- upon your request, promptly return or destroy any and all of your personal information in our possession or control.
- 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.
Limitation of liability
- The company shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the website and/or any linked third party website.
- You hereby indemnify the company 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.
Terms and Conditions of Sale
These Terms and Conditions of Sale govern the sale of products (“Goods“) by the Company to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be viewed at www.vetsmart.co.za.
Please note that the option of delivery only applies to purchases made online.
Payment can be made via the Website by:
- credit card - where payment is made by credit card, we may require additional information in order to verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as this additional information is required
Cancellation and Returns
Cancellation of Online Purchases:
You are entitled to cancel your online order for the Goods, without penalty, within 7 days of the Goods having been delivered to you. In such an event -
- you will receive a full refund of the purchase price within 30 days of the date of cancelling this agreement;
- you undertake not to utilise the Goods;
- your agreement of purchase will be deemed to have been cancelled, and
- you will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the Goods, such as courier and/or shipping charges.
Please note that your right to cancel your order for Goods without penalty set out in this clause, shall not apply where the Goods that you have ordered are magazines and books.
The Company will deliver the Goods to you as soon as reasonably possible, but no later than 30 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 days of receiving such notification elect whether or not to proceed with your order for the Goods. If you elect not to proceed with your order, we will reimburse you with the purchase price within 30 days of having informed you that we are not able to deliver the Goods during the Delivery Period.
VetsMart Returns Policy:
Regrettably, we do not offer cash refunds in store. If you are not happy with your purchase, please return it to your closest VetsMart store within 14 days, in a resaleable condition and original packaging. We will gladly offer you a VetsMart store voucher or exchange on presentation of your original invoice. Terms and Conditions apply.
Any goods purchased online through the Website or at a VetsMart branch may only be returned for an exchange or store voucher provided that an original invoice can be presented by the customer, and all requirements of the Returns Policy have been met.
The following will not be accepted by the Company as proof of purchase from the Website:
- Credit card slips
- Customer bank statements
- Copies of invoices
In the case of 100% money back guarantees offered by third parties, a refund in the form of an EFT processed through the VetsMart Head Office will be offered only once a credit has been issued from the third party to the Company. Once the damaged or defective Goods are accepted by the supplier and the company has received credit for the Goods, a refund (by EFT) will be paid out to you in full within 14 working days.
Any exchanges taking place in store (“Vetsmart”) will be resolved immediately provided that you are able to present an original invoice, it is done so within 2 weeks, Goods have not been used, damaged or tampered with. Goods that are not returned within 14 days will not be accepted.
Return of Online Purchases:
- Goods may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered. If the Goods are defective in any way this must be reported within 24 hours after the product having been delivered to you and must be returned to us within a period of 2 weeks after delivery. If the Goods are not the same as what was ordered this must be reported within 24 hours of delivery.
- If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or request that you post it back to us or ask you to return the item to any of our nationwide stores, dependent on your original order’s shipping method. Should you need to post the Goods to us please only send it to Willowbridge North Shopping Centre, Shop WN7B, 39 Carl Cronje Ave, Bellville, Cape Town and you will be credited or refunded for the postage costs incurred, according to the current Company Postal Delivery rate. If we should find that the error has been on our part, product and delivery fees as well as return fees will be refunded by the company.
- If you are returning Goods via courier or post office please ensure that the Goods are packaged carefully and securely as to avoid any damage en route. Please include the Returns Request Number and a copy of your original invoice with any return.
- A Returns Request form will be issued to the customer by the company and needs to be completed prior to the return of goods.
Terms & Conditions pertaining to the use of the VetsMart Loyalty Card
- VetsMart loyalty cards are issued by VetsMart to a pre‐selected list of customers at the discretion of VetsMart staff.
- The number of available VetsMart loyalty cards is limited and it is accordingly not guaranteed that you will receive a VetsMart loyalty card.
- The VetsMart loyalty programme does not apply to purchases made online. Vouchers and related discounts may be redeemed in-store only.
- VetsMart vouchers are issued according to the value of each purchase made by the VetsMart Discount Cardholder.
- VetsMart vouchers are valid in all VetsMart and Vet+Pet Foodmarkets stores in South Africa where the products that are the subject of the VetsMart vouchers are available, while stocks last.
- VetsMart vouchers are valid for a period of 3 (three) months from date of issue.
- VetsMart vouchers must be presented at the point of sale, together with the account owner’s VetsMart card.
- VetsMart vouchers are to be used only by the VetsMart Discount Card account owner and may not be transferred.
- A VetsMart voucher can only be printed once. No reprints are available for vouchers and no copies of vouchers will be accepted.
- A VetsMart voucher can only be used for one transaction – thereafter it will become invalid.
- The value of the VetsMart voucher will not be refunded upon return of items purchased and the voucher may not be reused.
- A VetsMart voucher will only be valid on a “while‐stocks‐last” basis.
- Purchases made against a VetsMart voucher must equal or exceed the value of the voucher.
- A VetsMart voucher or portion thereof is not exchangeable for cash.
- A Collective Loyalty Voucher will be issued after the 10th purchase stamp collected on 1 (one) VetsMart Card by the Cardholder, provided that each purchase exceeds the minimum purchase value as required on the rear of the VetsMart Discount Card, and becomes redeemable on the 11th purchase of the cardholder by returning the card.
- VetsMart reserves the right to alter or terminate the VetsMart loyalty programme at any time. In such an event, we will honour all valid non-expired vouchers.
- The expiry date on a VetsMart voucher will not be extended under any circumstances.
- VetsMart Vet+Pet Foodmarkets will not retain cards/vouchers on behalf of the customer; and will not be held liable for any lost or stolen cards/vouchers, and in such case, stamps and vouchers will not be transferrable.
- Abuse of the VetsMart loyalty programme entitles VetsMart to cancel your membership and you will forfeit any rewards earned thus far. VetsMart reserves the right to lay criminal charges for illegal or fraudulent use of the card or programme.
- It is incumbent upon members to ensure that their personal and contact details are correct at all times in order to receive VetsMart offers and promotions. If you change your contact details and do not inform VetsMart, the company cannot be held responsible if you do not receive your personalised offers.
- VetsMart Vet+Pet Foodmarkets may use your purchasing information for market and product analysis with the purpose of generating statistical reports for internal use. These reports will not contain any information that identifies you.
- VetsMart Vet+Pet Foodmarkets reserve the right to amend these Terms and Conditions from time to time. Please visit our website at www.vetsmart.co.za for the latest update.
- On signing the VetsMart Loyalty Card Application Form, the cardholder agrees to the abovementioned Terms and Conditions.
Availability of Products
All goods are offered for sale by the Company are subject to the availability of stock. If an item is out of stock, we may contact you to offer a substitute, but will however, if you do not accept a substitute item and your credit card has been charged for an item that is out of stock, cancel your order and issue a credit to your credit card account in the amount charged. If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.
Governing law and jurisdiction
Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You agree to be subject to the exclusive jurisdiction of the South African courts.
If any party (“Defaulting Party“) breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
- any amounts that may be due to it in terms of this agreement; and
- any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.
The Company hereby selects 2 Seder Avenue, Panorama, Cape Town, 7506 as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“domicilium“). You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 days’ notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
- 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.
- Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
- Should any of these Standard Terms and Conditions be invalid, the remainder of the contract will remain valid. The relevant statutory provisions will apply in place of any invalid term.
- No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- 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.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.