Terms And Conditions

General Terms and Conditions

These Terms and conditions (“Terms”) govern use of the website of The Crazy Store, a division of Melbro Retail (Pty) Ltd (the “Company”) located at www.crazystore.co.za (the “Website”) by user/s (the “User” or “Users”).

These Terms apply to the Website and by accessing and using the Website, the User agrees to be bound by the Terms set out in this legal notice. If the User does not wish to be bound by these Terms, the User may not access, display, use, or download content from, the Website. The Terms represent the entire agreement between the Company and the User and supersede all previous terms, conditions, warranties and/or representations.

The Company reserves the right to periodically change, modify, add to or remove from portions or the whole of these Terms without notice and the User is responsible for checking these Terms periodically for revisions. All amended terms become effective upon posting at the Website, and any use of this Website after such revisions have been posted signifies User’s consent to the changes.

DEFINITIONS AND INTERPRETATIONS

“Company” means The Crazy Store a division of Melbro Retail (Proprietary) Limited, Company Registration Number: 1996/07147/07, of 15-17 Packer Avenue, Epping Industria II, Eppindust, Cape Town, 7475, South Africa;

“User” means the person, firm, entity or company using or accessing the Website;

“Website” means www.crazystore.co.za;

Headings are for purposes of identification only and will not limit or otherwise affect the meaning of the Terms to which they relate.

INTELLECTUAL PROPERTY

The Website displays content (the “Content”) which is comprised of:

  • copyright (the “Copyright”) in copyrighted works, including without limitation literary works, artistic works, sound recordings and cinematographic films, owned by the proprietors of such copyrighted works, including the Company and other third party owners of such content (the “Content Providers”); and
  • trade marks, trade names, service marks, logos, style names, trading names and any slogans, jingles and associated copyrighted works (the “Trade Marks”), which are proprietary or, alternatively, licensed to the Company by the Content Providers.

All such Copyright and Trade Marks are protected by South African and International copyright and trade mark laws.

All rights in and to the Copyright and the Trade Marks in the Content is reserved and retained by the Company and/or the Content Providers, as the case may be. 

The User is entitled to access the Website and download, reference, reproduce and use the Content for the sole purposes of placing an order for the purchase of goods from the Company and/or information gathering on the company. Under no circumstances is the User entitled to access, download, reproduce or use any of the Website or the

Content for any purpose other than the purpose expressly set out above.
The User is not granted a licence or any other right including without limitation under copyright, trade mark, patent or other intellectual property rights in and to the Content, other than as specified in these Terms.

RIGHTS RESERVED

All rights of any kind in respect of this Website and the Content which are not expressly granted in these Terms are entirely and exclusively reserved to and by the Company.

The Company reserves the right to revoke all rights in these Terms without notice, at any time, and for any or no reason.

The Company reserves the right to stop the User from accessing and using the Website and reproducing, downloading and distributing the Content, upon breach of any Terms set out herein, and to make any claims or institute legal action or take any steps that the Company deems appropriate to address such breach.

AVAILABILITY OF WEBSITE

The Company makes no warranty that access to and use of the Website and the Content will meet the User’s requirements, and cannot guarantee that the Content will be free of any errors and mistakes or inaccuracies, or that there will not be any interruption in service whilst the User is using the Website.

If the User detects any errors and mistakes or inaccuracies, or experiences an interruption in service whilst using the Website, the User undertakes to report these to the Company. 

The User’s access to the Website may from time to time be restricted to allow for repairs, maintenance and the introduction of new functionality. In such event, the Company will attempt to restore service as soon as reasonably possible.

COLLECTION OF PERSONAL INFORMATION

The User may visit the Website without providing any personal information. In this case, the Website servers will collect the IP address of the User’s computer, but not the email address or any other distinguishing information. The information so collected is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc.

A User may submit certain information (“User Information”) to the Company using the Website interface. In doing so, the User undertakes to: (a) provide accurate, current and complete information about it as may prompted by any registration interface; (b) maintain the security of its password and login credentials, if applicable; and (c) maintain and promptly update the User Information it provides during this process, so as to keep it accurate, current and complete.
The User agrees to responsibly maintain the confidentiality of its username and password, if applicable, and to accept liability and responsibility for all activities that occur and transactions that are entered into using that username and password. The User undertakes to notify the Company immediately of any unauthorised use of its account or any breach of security.

USE OF USER INFORMATION

The Company is entitled to use the User Information to monitor the User’s access to the Website, respond to enquiries or request and/or to send the User information about news items or information relating to the Content, from time to time. The User Information will not be used for any other purpose and will not be sold or otherwise disclosed to any other entity, except those that are affiliated with the Company, and their successors in title.
The User has the right to access User Information held about him and the Company shall provide a copy of the User Information to any User that requests the Company thereto, by mail to: The Crazy Store, PO Box 36, Eppindust, 7475.

SUBMISSION OF INFORMATION BY USER

The User warrants that information submitted or uploaded via the Website:

  • does not infringe any third party's rights (including without limitation Intellectual Property Rights, reputational rights, rights of confidence and rights of privacy);
  • does not violate any law, statute, ordinance, regulation or legally binding code in any jurisdiction;
  • does not depict graphic violence, is not pornographic or sexually explicit;
  • is not threatening, abusive, harassing, menacing or contrary to the principles of internet etiquette;
  • is not intended or likely to cause harm to the Company’s computer systems including that which contains any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

NO WARRANTY

This Website and the Content are provided “AS IS” without warranty of any kind, either expressed or implied.

The Company makes no warranties, nor shall the Company be liable, for any claims related to or arising from the User’s use of the Content. Accordingly, the Company expressly excludes any warranties pertaining to:

  • the completeness, veracity, accuracy, availability or currency of the Website or the Content or the reliability of information displayed at or otherwise made available through the Website, nor does the Company commit to ensuring that the Website remains available or that the Content is kept up-to-date.
  • malicious code – the Company does not make any representations or warranties that the Website does not contain a malicious code.  The User acknowledges and accepts the responsibility to operate its own anti-virus protection.
  • secure communications – the Website is accessible via the Internet, and communications transmitted via the Internet are susceptible to monitoring and interception.  The User is urged to exercise restraint and caution in all communications, and to apply industry-standard protection measures to their communication systems.

The Company does not make any warranties or representations to the User relating to the Website, Content or the User’s use of the Website, and to the fullest extent permitted by applicable law, the Company excludes all warranties and representations.

LIABILITY AND INDEMNITY

The Company will not be liable for any direct or indirect loss or damage arising under these Terms or in connection with the site or the Content, whether arising in tort, contract, or otherwise.

Without limiting the generality of the exclusion of liability above, the Company will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under these terms or in connection with the Website or the Content, whether direct or indirect, nor will the Company be liable for any loss or damage arising out of any event that is beyond its reasonable control.
The User hereby indemnifies and holds the Company harmless from and against any claims, costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of the Website or the Content; or the user’s use of the Website or any Content; or the User’s violation of these terms.

HYPERLINKS TO THIRD PARTY SITES

This Website may contain links to third party websites for the User’s convenience. The Company has no control over such websites, and the inclusion of a link to a third party website does not imply a warranty, representation or endorsement by the Company or the providers of that third party website or its content, or any products or services offered through that website. If the User is directed through to a third party website, the User will leave the Website, and visit those other websites at the User’s own risk.

INTERNATIONAL USE OF THIS SITE

The Company makes no warranty that the Website is appropriate for or available in jurisdictions external to the Republic of South Africa. This site may not be used in violation of South African Exchange Control laws and regulations. If this site is accessed from or used in jurisdictions external to the Republic of South Africa, the User then:

  • assents to the jurisdiction and governing law as provided herein; and
  • is completely liable and responsible for compliance with all local laws.

RELAXATION / NON-WAIVER

No relaxation by the Company of any of the Terms will be binding for any purpose unless expressed in writing and signed by the Company. Any such relaxation will be effective only in the specific instance and for the purpose given.
No indulgence granted by the Company shall constitute a waiver or abandonment of any of its rights in terms of these Terms. The Company shall not be precluded, as a consequence of having granted that indulgence, from exercising any rights against User which may have arisen in the past or which may arise in the future.

SEVERABILITY

If any term or condition of these Terms is determined to be invalid or unenforceable by a Court of competent jurisdiction, then that provision shall be enforced to the maximum extent possible so as to give effect to the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

BREACH OF THESE TERMS

Without prejudice to our other rights under these Terms, if the User breaches any of these Terms in any way, or if the Company suspects on reasonable grounds, that the User has breached any of these Terms in any way, it may:

  • send the User one or more formal warnings;
  • suspend the User’s access to the Website;
  • delete the User’s information from its records;
  • permanently prohibit the User from using the Website;
  • block computers using the User’s IP address from accessing the Website;
  • contact the User’s internet service provider and request that they block the User’s access to the Website; and/or
  • bring court proceeding against the User for breach of contract or otherwise.

Where the Company suspends or prohibits or blocks the User’s access to the Website or a part of the Website, the User shall not take any action to circumvent such suspension or prohibition or block (including without limitation submitting or using different information).
miscellaneous

No relaxation by the Company of any of the Terms will be binding for any purpose unless expressed in writing and signed by the Company.  Any such relaxation will be effective only in the specific instance and for the purpose given.
No indulgence granted by the Company shall constitute a waiver or abandonment of any of its rights in terms of these Terms. The Company shall not be precluded, as a consequence of having granted that indulgence, from exercising any rights against the User which may have arisen in the past or which may arise in the future.

GOVERNING LAW

This Website is controlled, operated and administered by the Company or its service provider from within the Republic of South Africa. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
All matters relating to the formation performance and discharge of any contract incorporating these Terms shall be governed by the law of the Republic of South Africa. By agreeing to these Terms, the Customer submits to the jurisdiction of the Courts of the Republic of South Africa for all disputes relating to these Terms.

Christmas 2017 Facebook Wish List Competition

RULES FOR THE CRAZY STORE’S CHRISTMAS COMPETITION

  • Christmas Wish List (the "Competition") is sponsored and conducted by The Crazy Store, a division of Melbro Retail (Pty) Ltd ("Melbro"). By entering the Competition and/or accepting prizes in terms thereof, all entrants and/or winners agree to be bound by these terms and conditions together with any amendments thereto.
  • This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding the promotion of the Competition will be directed to Melbro and not to Facebook.
  • The Competition is open to legal residents of the Republic of South Africa and the Republic of Namibia, where not prohibited by law from entering. Since this Competition is conducted via Facebook, only persons who have internet access and a valid Facebook account will be able to participate in the Competition.  
  • Entrants under the age of 18 (eighteen) will be required to enter the Competition with the assistance and/or consent of his or her parents and/or guardians. Melbro has the right to verify the eligibility of each entrant as well as whether the necessary consent has been obtained from the parents and/or guardians of the entrants, where applicable.
  • This Competition is not open to (1) a director, member, partner, employee or agent of, or consultant of any company in the Melbro group of companies or any other person who directly or indirectly controls or is controlled by Melbro; (2) a supplier of goods or services in connection with this Competition and (3) the spouses, life partners, business partners or immediate family members of the parties referred to in (2).
  • NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
HOW TO ENTER
  • One Competition post will be posted between 08h00 and 16:00 on 6, 13, 20, 27 November and 4 December 2017. Entrants will be required to visit our Christmas Promotion via our website: www.crazystore.co.za; select three (3) items as part of their wish list in order to enter the competition. Each week entrants will be required to select 3 items from a different category, which we will indicate on the competition post.
 
PRIZES
  • Five (5) lucky entrants each stand to win a R1 000 Crazy Store voucher.
 
GENERAL
  • Five (5) winners will be selected via a random draw (one per week for 5 weeks) of eligible entries. Each entrant is eligible to win one prize only.
  • The draws will take place at Melbro Retail Head Office, 15 - 17 Packer Avenue, Epping Industria 2, Cape Town. If for any unforeseen reason the draw cannot take place, then Melbro will endeavour to conduct the draw within a reasonable period thereafter and shall provide details of the new draw date on The Crazy Stores' Facebook page.
  • The draw will be conducted by a Melbro representative, and will be overseen by an independent third party. The winners will be contacted via Facebook with a personal message, as well as the names will be posted on The Crazy Stores' Facebook page. Contact numbers will be requested in order to obtain postal addresses for shipping of the prizes. The prizes will be delivered to the winners via courier to their nominated addresses.
  • All prize winners may be requested to have their name, city/region and/or photo published on any marketing material, as well as any statements made, but the entrant may decline such invitation.
  • Every reasonable effort will be made to contact the winner(s). Should the organisers be unable to contact the winner(s) after 3 (three) occasions or the winner fails to claim or collect his or her prize within 30 (thirty) days of the date of notification, The Crazy Store reserves the right to award the prize to the next eligible entrant on the same conditions.
  • By entering the Competition the entrants and the eventual winners thereof, indemnify, release and hold harmless Melbro, its employees, directors and officers from and against any actions, claims, liability for injury, loss and damage of any kind resulting from the Competition and/or the prize.
  • In an event of a dispute, the decision of the judge is final and no correspondence will be entered into.
  • The prizes are non-transferrable to any third party and cannot be exchanged and/or converted into cash or other goods.
  • Melbro is not responsible if this Competition cannot take place in the event of force majeure (Acts of God) and no claim can be instituted by any entrant should such an eventuality occur.
  • If an advertised prize is not available or in the event of force majeure (Acts of God), or unavoidable delay due to conditions beyond the control of Melbro, the organisers reserve the right to offer an alternative prize of equal or greater value.
  • The following entrant’s information will be gathered: Name, Surname, Region and Date of Birth (if available via a user’s profile). If a user also signs up for our newsletter we will capture his/her e-mail address. By entering into this Competition you consent to such information being collated. These actions are governed by our privacy policy. The data captured will not be distributed to any third parties unless already in the public domain.
  • Entrants who do not comply with these official rules, or attempt to interfere with this Competition in any way shall be disqualified.
  • No automatic, programmed, robotic or similar means of entry are permitted.
  • Melbro, its affiliates, partners and promotions and advertising agencies are not responsible for any technical, hardware, software or Internet or ISP communications malfunctions, errors or failures of any kind whilst a Facebook user is entering this Competition at any time, which may limit the said entrants ability to enter the Competition.
Melbro reserves the right to terminate, amend, extend or suspend this competition should any viruses, bugs, non-authorized human or machine intervention, fraud or other causes beyond its control corrupt or prevent the proper administration, security, fairness or proper conduct of this Competition. In such case Melbro will select the winners from all eligible entries prior to any disruption or corruption of this Competition taking place.
  • If any entry has been made in any manner which in Melbro's discretion may provide an entrant with an unfair advantage over other entrants, unless these rules specifically allow such conduct such entrant will be automatically disqualified from this and all future competition run by Melbro.
  • A copy of the Competition terms and conditions, as well as Melbro's privacy policy can be found on The Crazy Store website at www.crazystore.co.za.

Internal Complaints Handling Policy

  1. INTRODUCTION
    1. This policy document ("Policy") serves to regulate the internal complaints handling process of Melbro Holdings Proprietary Limited and/or any of its subsidiaries (including Crazy Store, a division of Melbro Retail) or affiliates ("Melbro Group") in accordance with the relevant provisions of the Consumer Protection Act, 68 of 2008 ("CPA") as well as the Code of Conduct for the Consumer Goods and Services Industry published in accordance with section 82 of the CPA ("Code").
    2. The provisions of this Policy shall apply to any complaints made by a consumer of the Melbro Group ("Complainant") pertaining to the goods sold and/or services rendered by any member of the Melbro Group to such consumer or alternatively, the complaints- handling process pursued by the consumer as contemplated herein.
    3. Any words and expressions appearing herein in title case (and which have not been defined herein) shall bear the meaning ascribed thereto in the CPA and the Code.
  2. INTERNAL COMPLAINTS HANDLING PROCEDURE
    1. Lodging of a Complaint

      In order to lodge a complaint, a Complainant is required to contact the customer contact centre on 0861 111 281. The Complainant shall be required to provide the following information, namely -
      1. the his/her/its name, surname and contact details;
      2. a complete description of the complaint;
      3. the business unit, division, branch and/or brand that the complaint is against;
      4. the date on which the cause for the complaint arose;
      5. the remedy sought;
      6. all supporting documentation relating to the complaint; and
      7. the preferred method of communication i.e. fax, email or post.
    2. Receiving and Handling a Complaint
      1. Upon the complaint being reported by the Complainant, it shall be recorded together with any supporting information and allocated a reference number. The record shall in addition identify the remedy sought by the Complainant as well as any other important information such as the due date of the response and whether there was any immediate action taken by the Melbro Group and/or any of its representatives or employees.
      2. The complaint shall be provisionally assessed in terms of criteria such as seriousness, safety implications, complexity and the need to take immediate action.
      3. Complaints will be acknowledged in writing within 2 (two) business days of receipt thereof, in accordance with the preferred method of communication chosen by the Complainant in paragraph 2.1.7 above.
      4. Where necessary, the Complainant shall be contacted to clarify any issues pertaining to the details provided by them or to request further information.
      5. The Melbro Group has a period of 15 (fifteen) business days to resolve the complaint. If it becomes clear that the complaint will not be resolved within this period, the Complainant shall be informed thereof in writing by Melbro Group and the Complainant will attempt to reach an agreement on an extended time period within which to resolve the complaint.
      6. Notwithstanding the aforesaid, every effort shall be made to resolve the Complaint in good faith and in an efficient and confidential manner within the time period contemplated in paragraph 2.2.5 above.
      7. The complaint shall be tracked by the Melbro Group from the date of receipt of the initial complaint and the Complainant shall be kept updated on the progress of such complaint.
      8. An investigation shall be undertaken into the surrounding circumstances and information relating to the complaint.
      9. Once the investigation is completed, a response to the complaint shall be formulated (including details of the decision or action to be taken by the Melbro Group) and sent to the Complainant.
      10. If the decision or action is accepted by the Complainant, the decision or action shall be carried out and recorded.
      11. If the Complainant rejects the decision or action, this rejection shall be recorded and the Complainant has the right to approach the Consumer Goods and Services Ombudsman ("CGSO") to resolve the complaint.
  3. THE CGSO
    1. Where a Complainant is dissatisfied with the manner in which a complaint is being dealt with, how a complaint was dealt with, the outcome of a complaint, or if a matter is not resolved within 15 (fifteen) business days or such extended period as may have been agreed upon between the Melbro Group and the Complainant, such Complainant may refer the complaint to the CGSO in the prescribed manner.
    2. The contact details of the CGSO are as follows –
      Consumer Goods and Services Ombud
      Website: http://www.cgso.org.za
      Call Centre: 0860 000 272 (CPA)
      Email: info@cgso.org.za
      Fax: 086 206 1999
      Physical address: Association House
      Bond Street Business Park
      Cnr Bond Street and Kent Avenue
      Ferndale
      Randburg
      Postal Address: PO BOX 168
      Randburg 2125
    3. A copy of the CPA Code is available to all consumers on any of the Melbro Group's various websites, including www.crazystore.co.za.

      To view the full CGSO Code of Conduct, please visit the CGSO Code of Conduct page, within The Crazy Store’s Terms and Conditions web page.

GSO Code of Conduct

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© Copyright the crazy store 2016. All Rights Reserved
© Copyright the crazy store 2016. All Rights Reserved
© Copyright the crazy store 2016. All Rights Reserved