Introduction
Raines Africa is a brand trading within Raines Technologies (Pty) Ltd, registration number 2020/230323/07
These terms govern your use of the Raines Africa website. Access to the services, content and downloads available on the Raines Africa’s website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002(ECT Act)
We provide the Raines Africa website as a convenience to you. To use the Raines Africa website for services including but not limited to online shopping, browsing, product information, store locations, subscribing as a user, viewing and managing your account and orders, etc. we may require you to provide your personal information.
We reserve the right to change the documents and/or other materials contained on this website from time to time without notice. This Right also applies to these terms and conditions. Raines Africa will post the revised terms on the website. You may use the Raines Africa website for your personal and non-commercial use, not for republication, distribution, sale or any other use.
If there is a conflict of meaning between these website terms of use and any other terms, policies or notices, the specific terms, policies or notices will take preference where it applies to your use of the Raines Africa website.
The Terms make up the entire agreement between the parties. If any term is void, unenforceable, or illegal, the term will be severed and the rest of the terms will be effective.
Unless otherwise specified, we intend the goods and services offered on this site for citizens of the Republic of South Africa, Zimbabwe and Zambia Only. The terms are governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict or law. By you ticking the “I confirm I have read and understood the ‘Terms & Conditions’ box, forms a legally binding agreement between you and Raines Africa.
Definitions
In the Raines Africa website terms of use:
“Terms”mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and Raines Africa;
“We”or “us” or “Raines Africa” means Raines Africa, whichever one applies;
“Website”means www.raines.africa;
“Raines Africa website”means www.raines.africa;
“You”or “user” means any person who visits, accesses or uses the website.
Registration and the use of the website
As a user, Raines Africa grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions. Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website. You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your review from the website or purchasing goods or services from the website.
You may only use the website if, in terms of South African law, you have the legal capacity to agree.
You may only link to the website by linking to the home page of the website.
You, the customer, agrees and acknowledges that:
1.1 You will at all times comply with the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and/or any other applicable legislation (if it applies to the customer for the receiving, compiling and reporting of information.) Without limiting the generality of the foregoing, the customer specifically agrees that when reporting Personal and other information to Raines Africa;
1.2 Such information will include all mandatory data;
1.3 You will have taken all reasonable steps to ensure that the information submitted is accurate, up-to-date, relevant, complete and valid when submitting such information;
1.4 You may submit the information to Raines Africa, to make such information available to its associated partners, to render the services offered, and that such information is not subject to a duty of confidentiality between Raines Africa and the customer.
1.5 As a Visitor or User, you agree that we may electronically accumulate, keep and use the following of your information:
1.6 Internet usage information, including your Internet Protocol (“IP”) address, click patterns, browsing habits, version of software installed, system resolutions and type, plug-ins, colour capabilities, cookie preferences, language settings, search engine meta words (keywords), JavaScript enablement, unique user ID, the pages and content that you access on the Platform/Website and the dates and times that you visit the Website, besides paths taken and time spent on pages/sites within the Website (“Usage Details”); and
1.7 Additional information you may provide voluntarily, such as demographic information or data related to your favourite social networking site (e.g. the site name, address and description(s)), or information relating to your participation in Raines Africa competitions, promotions, studies, reviews and surveys, and additional services. (“Optional Details”).
1.8 Details submitted, when registering or transacting, to use the services on the Raines Africa website. You may submit optional Details to us if you upload or download certain content (or products) from the Website/Platform, enter competitions, partake in promotions, respond to reviews/surveys, subscribe to or register for specific additional services; or else use any of the optional features and functionality of the Website/Platform.
1.9 “Cookies” Information: When you access the Website/Platform, we may send one or more cookies (these are small text files containing a string of alphanumeric characters) to your computer to collect certain Usage Details. Raines Africa may use both session cookies (which disappears after you close your browser) and persistent cookies (which remain after you close your browser, which can be removed manually) and may be used by your browser on subsequent visits to the Website/Platform. Please note the use of cookies is a norm/standard on the internet and many major websites use them. Please refer to your web browser “Help” file to learn more about changing your cookie settings.
1.10 when you access the Website/Platform or open one of our HTML emails, we may automatically collect and record certain Usage Details from your system by using different tracking technology.
1.11 Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically 1by1 pixel files, (tiny unnoticeable files), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also insert web beacons in HTML-formatted newsletters, which we send to “opt-in” subscribers to count how many newsletters they have read. Raines Africa web beacons do not gather, monitor or share any personally identifiable information about our customers. They are just the technique we used to compile anonymous information about the Website and Service.
1.12 Raines Africa may use any Optional Details provided by you, for such purposes as shown to you at the time you agreed to provide such Optional Details.
We may use your Usage Details to:
2.1 Automatically validate and/or verify your identity; for the website and transaction security purposes via Raines Africa or via a third-party service provider;
2.2 Automatically provide you with the latest version of the Raines Africa application on your system;
2.3 Remember your information so you will not have to re-enter it during your visit the next time you access the Website/Platform;
2.4 Monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and
2.5 Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website/Platform.
2.6 Raines Africa shall take all reasonable steps to protect the personal information of the Users and for this purpose, “personal information/personal details”; shall be defined as contained and detailed in the Promotion of Access to the Information Act 2 of 2000 (PAIA).
2.7 If you are a Raines Africa website user, you agree that we may also electronically gather, save and use the following information:
2.8 Name and surname, birth date, gender, identity number and /or passport number, nationality and country of residence (“Personal Information/Details”);
2.9 E-mail address, mobile number, home and delivery address and credit card billing address (“Contact Details “);
2.10 the credit or debit card number, cardholder name and expiration date you submit to Raines Africa website regarding your credit or debit card(s), (Credit or debit cards)
Raines Africa Website Users collects the aforesaid information from you in the following manner:
3.1 User-provided Information: Your Personal Information/Details, Contact Details and Debit or Credit Card Details will be provided by you directly to us during your registration as a Raines Africa website user and/or thereafter by you actively transacting, updating or supplementing such details in your Raines Africa website users Account.
3.2 Raines Africa uses the information that Raines Africa website users provide (or that we collect) to operate, validate, verify, maintain, enhance and provide all the features of the Services, and as may be necessary to comply legally when conducting online payment transactions and related service provided.
3.3 We use your Debit or Credit Card Details to provide the Services (including the verification thereof when you transact with Raines Africa) and, should fees be charged for some Services and you have selected a credit or debit card as your means of payment, we shall debit that credit or debit card for such fees owed by you. We use your Personal Information/Details to greet you when you access your Raines Africa User Account, to manage and administer your use of the Services and fulfil our contractual obligations, including the verification of your identity when you transact with Raines Africa.
3.4 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Service(s) (e.g. notifications regarding major updates or content you have posted or downloaded from the Website/Platform, customer service notifications, and to address any copyright infringement or defamation issues); as well as to inform you, subject to obtaining your prior agreement, of competitions, promotions and special offers from us and/or any of our partners and/or affiliates.
3.5 Any user, who commits any of the offences detailed in section 85 to 88 of the ECT Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting losses or damages suffered and/or incurred by Raines Africa and its partners/affiliates.
You may not:
4.1 Provide any incorrect information to the website or Raines Africa;
4.2 Change, copy, decompile or reverse-engineer the website or use the website to make derivative copies;
4.3 Lease, sell, assign or in any other way to distribute the website or any information gotten from the website without the prior written consent of Raines Africa;
4.4 Use malicious search technology, including but not limited to spiders and crawlers;
4.5 Frame any pages of the website;
4.6 Deep-link to any pages of the website in a way to suggest that you are the owner or license of any intellectual property in the website.
4.7 Use the interactive sections of the website, for instance, forums, clubs, surveys and e-mails, to post any material which in Raines Africa discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, sexually-oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. Raines Africa does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and/or articles, at your sole risk and responsibility. Raines Africa is not liable for damages or other adverse consequences caused by the use of the submissions.
In line with the Film and Publication Board Act 3 of 2009 (FPB) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of eighteen (18) and Raines Africa will not knowingly collect information from users in this age group.
No transaction will be concluded between Raines Africa and a person under the age of 18 unless written consent thereto is received by Raines Africa from a parent or legal guardian. Raines Africa, therefore, reserves it’s Right to request proof of identity before concluding any transaction. Your continued use of this website confirms that you are 18 years old or older.
Conclusion of sales and availability in stock
A sales order will only be deemed as an offer to purchase. We will confirm your purchase order with you via your specified email but this email does not represent any acceptance of your offer to purchase products or services from us. We are not legally obliged to provide the products and services to you during the offer process. By placing a product in your shopping cart or adding a product to a wish-list does not make up a sale nor are such products, its price nor its quantities reserved. If you complete the purchase cycle for such products at a later stage we cannot be held liable to honor any price changes or if such products are not available.
Raines Africa shall use reasonable endeavors to make the advertised stock available at the displayed price, for the period specified. Raines Africa strives to ensure that we minimise out of stock situations. Raines Africa will take all reasonable means to make your purchased product available at that price or alternatively we will advise on an equivalent product option as an alternative in this unfortunate occurrence of running out of stock. We will notify you of any delivery delays should we need to source a product. Please refer to our termination of sale process should you opt for a full refund.
Clearance campaigns might be implemented from time to time where stock is available in limited quantities and in selected stores or regions. Raines Africa is not obliged to source stock or offer a similar or upgraded item for this sale as stock will no longer be available in future.
Accessories not included, unless otherwise specified.
Pricing Errors
We will make all reasonable efforts to accurately reflect the price, product or service description, images and any other relevant content of items available to sell on our website. Should any error be detected of whatsoever nature on the website not due to gross negligence, we will not be held liable for any loss, claim or expense relating to a transaction based on any error. A refund for the amount already paid will be processed back to the account used to make payment. We reserve the right, without prior notice, to discontinue or change pricing or specifications of products and services offered on this website without incurring any liability whatsoever.
Returns, Refund & Warranty
Goods may only be returned in terms of the Consumer Protection Act, Act 68 of 2008 (“the CPA”). If you are entitled in law to return goods, then and in line with the CPA, a handling fee of up to 20% of the value of the goods may be charged when the product/packaging is not returned in its original purchase condition.
1.1 Non-returnable / non-refundable items:
1.1.1 A product which has been personalised for you or made to your specifications.
1.1.2 Any flat-pack furniture assembled after delivery, cannot be returned and will be inspected first in the event of a potential manufacturing fault.
1.1.3 Due to copyright law, licensed software and games cannot be returned or refunded.
1.1.4 Pre-paid cards, Digital or Physical Vouchers may not be returned for a refund or credit.
1.1.5 Nursing or maternity and infant feeding products, including (but not limited to) breast pumps, bottles, teats, soothers, pacifiers, formula, maternity underwear, nappies and wipes.
1.1.6 Delivery and or installation costs.
1.1.7 Any damaged or abused items.
1.1.8 Intimate products, lingerie, swimwear, bodysuits or underwear.
1.1.9 Piercing jewellery.
1.1.10 Toiletries, personal beauty products or fragrances.
1.1.11 Foodstuff, beverages or other products intended for consumption.
1.1.12 Other specified Non-returnable/ non-refundable items
Under no circumstances will we accept returned goods where the consumer has been allowed to inspect the goods before Collection and subsequently changed his/her mind about the goods; they have damaged the goods in negligence; the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our own or the manufacturer’s instructions, and/or have been subjected to misuse or abuse.
We sell goods for domestic use only and for the purpose for which we manufactured them. It will also exclude normal wear and tear. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will assess the goods to determine the reason for the defect.
Subject to these terms, all goods carry an implied warranty by following the Consumer Protection Act 68 of 2008, (“CPA”) which gives the consumer the right to return the defective goods in terms of section 20, read together with section 56 of the CPA. Our goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law. The implied warranty on goods supplied places an obligation on Raines Africa to accept the return of unsafe or defective goods within six months of delivery. In the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA, the consumer has the right to return goods to Raines Africa if:
4.1. The consumer finds within 5 days that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);
4.2. The consumer did not examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and
4.3. The consumer has refused delivery of those goods because they were mixed with items that were not ordered, as contemplated in section 19(8).
You are entitled to cancel any sale concluded on this Website (online sales) within 5 days after receipt of the goods and to get 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).
In the unfortunate event that your purchased goods become defective, you may opt to take it to any Raines Africa store. You are entitled to the following option of as per the CPA (after goods have been inspected and assessed):
6.1. Have such goods repaired.
6.2. Have goods replaced.
6.3. Be refunded the price paid.
If we find the goods to not be faulty, you will be liable for all handling and shipping charges; for the collection and the re-delivery of the product to you. You will be liable if the goods are damaged or faulty because of misuse, abuse or negligence.
The warranty does not cover any defects caused by foreign objects or connection errors that are not part of the appliance, including but not limited to;
8.1. Use other than domestic use by the customer or his/her immediate resident family at the declared addresses appearing on the front of this document;
8.2. Failure by the customer or any other person to comply with the manufacturers’ instructions for installation, maintenance or use;
8.3. The use of accessories which have not been approved by the manufacturer;
8.4. The application and/or use of any incorrect or abnormal electrical or water supply to the appliance;
8.5. Any defect in wiring, electrical connections or plumbing which does not form part of the appliance at the time of the original purchase;
8.6. The presence in the appliance of objects which we do not intend the appliance to cope with, such as hairpins, coins and buttons in washing machines, hot food in fridges and chewing gum and wax crayons in tumble dryers;
8.7. Neglect, misuse, or willful abuse of the appliance;
8.8. Anything related to the appearance of the appliance which does not in Raines Africa sole opinion prevent the appliance from working adequately: this includes but is not limited to cosmetic and manufacturers’ defects such as discolouring of any part of the appliance, paint peeling off, cracked or broken handles, plates, hinges, wheels, panels, shelves or any portion of the product which is glass;
8.9. Rust or the effects of rust;
8.10. Repairs or attempted repairs of the appliance by any person other than Raines Africa or its authorized repairers;
8.11. Any modification of the appliance by any person other than Raines Africa or its authorized repairers;
8.12. Parts or items of the appliance which are expected to wear out before the extended warranty period expires, including but not limited to, batteries, filters, disposable bags, rubber or plastic hose pipes, drive or fan belts, fuses and/or light bulbs cartridges, toners or ribbons;
8.13. Fire, flood, war, civil disturbance, industrial action, acts of God or any other causes beyond the reasonable control of Raines Africa;
8.14. Any defect arising out of the design of the appliance;
8.15. Any defect caused by a lightning strike or power surges;
8.16. Blown or damaged speakers arising from misuse;
8.17. Any damage caused because of the use of generic or re-filled cartridges;
8.18. Any loss or destruction of, or any damage to any property, or any loss expense arising there from, or any consequential loss or any liability of nature directly or indirectly caused by or contributed to, by or arising from ionizing radiation or contamination by radioactivity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel. Combustion shall include any self-sustain process of nuclear fission, or any loss, destruction, damage or disability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.
With cameras, the warranty does not apply to any accessories, batteries, charges, attachable lenses or additions which do not make up the main body of the camera. With TV’s; Hi-Fi’s; VCR’s or DVD’s–remotes are not covered.
Raines Africa will not be liable for the costs of;
10.1. Maintenance, including cleaning, clearing of blockages and overhaul, insect infestation or paper jams;
10.2. Work covered by the manufacturers’ recall of the appliance;
10.3. Call out charges where the breakdown is not covered by the extended warranty;
10.4. And material or labour which is recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.
Raines Africa will not, in any circumstances, be liable for any consequential loss or damages suffered by the customer, whether directly or indirectly related defect in the appliance to the extent permissible by law.
Repairs may not be effected without prior authorisation from Raines Africa.
With an authorised repairer being called out for a fault covered by the warranty, the supplier shall pay the repairer for all labour and materials supplied in terms of the warranty, while the customer shall be liable to pay the repairer all other charges, including but not limited to the call-out charge should no defect be found in the appliance.
The repair will be carried out in terms of the warranty within a radius of sixty kilometres from the appointed service agent’s premises. Should the repairer be required to travel beyond this radius, we will charge the customer at the prevailing AA rate per kilometre.
Raines Africa’s authorised repairers reserve the right to not do house calls in areas where their safety may be at risk.
Certain products will contain their supplier warranty, and we advise you to keep the same and refer to the same warranty for any differences in the above.
Raines Africa reserves the right to inspect the goods before a return is approved. Under no circumstances will direct exchanges be conducted before assessment and approval has been completed
Online Exclusive Promotions
1.1. These Terms of the Online Exclusive Offers (Promotion) together with the Raines Africa Standard Terms and Conditions www.raines.africa set out the terms and conditions that will apply when you place an order through the Raines Africa operated website only and you purchase goods advertised as part of this promotion. Please note that the terms and conditions that apply to this promotion differ in certain parts from the terms and conditions that apply to order other products. We will explain later such differences in these Terms. If you cannot understand or have questions about these Terms, please contact Raines Africa on admin@gmail.com. Please note that these Terms are subject to change so review and save or print a copy of the current terms and conditions before each order that you submit.
1.2. The Promotion is the sale of certain online-only products as advertised on the specific product, for the advertised specific day, whereby the advertised goods will be sold at a discounted price for that specific day, and available for purchase online only.
1.3. The Promotion starts at Raines Africa online only on the advertised and advertised day at 08:00 am and ends on the advertised and mentioned day at 00:00 pm. We will accept no purchases after midnight on the advertised and mentioned day.
1.4. You will need to be logged into the Raines Africa website to use the promotion.
ORDER AND ACCEPTANCE
2.1. Each order submitted, which includes the receipt of the full purchase price, makes up an offer to purchase products. Orders are subject to Raines Africa acceptance and may be refused at Raines Africa discretion, for example, where:
2.1.1. We cannot process orders because of an error in the information you have provided;
2.1.2. There is an error on the website relating to the products you have ordered, for example, an error relating to the price or description of the product as displayed on the website; or
2.2. The products you ordered are no longer available on the website.
2.3. After Raines Africa receives your order, you will receive an email confirming receipt of your order. If you do not receive an email, contact Raines Africa before you try to place another order for the same product.
2.4. You will receive an email when your order is being dispatched confirming that your order was accepted and is on its way to you.
2.5. If you have questions regarding Raines Africa order acceptance policy (Agreement of sale), or if you consider that your order was rejected in error, please contact Raines Africa on 0860 459 459.
PRODUCT AVAILABILITY
3.1. Raines Africa has the Right to change information about products displayed on the website. For example, information about prices, description or the availability of products and may do so without first giving you notice of the changes.
3.2. Raines Africa will not, however, change the price, availability or description of any product after we have accepted an order and cannot guarantee the performance of any third party and shall not be held liable for any act or default by a third party.
3.3. Because of the stock quantity, each customer may not purchase more than one product using this Promotion.
CUSTOMER STARTED ORDER CANCELLATIONS AND CHANGES.
4.1 You can change or cancel your order before we have processed your order. To change your processed order, please contact Raines Africa. If we have already dispatched your order, you can request a refund of the product, please see our Return Policy..
DELIVERY
5.1. Any delivery dates provided to you in connection with your order are estimates. Although the aim is to provide you with as accurate estimates as possible, Raines Africa cannot promise that they are accurate..
5.2. The product that is delivered to you will become your property at the time that you receive it, provided that Raines Africa has received full payment for the product. As soon as Raines Africa has delivered the product to you, you will become responsible for it and any loss or damage to it thereafter..
5.3. Please see the delivery policy for further details.
GENERAL.
6.1. Participants of this promotion agree that Raines Africa will, subject to prevailing law, have no liability for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the promotion, or participation in this promotion..
6.2. If they deem any provision or part of these rules void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the rest of these Rules shall remain in force..
6.3. Any violation of these rules will cause the immediate disqualification of the transgressing participant from the promotion.
Disclaimer
When you visit the Raines Africa Website, you consent to receive communication from Raines Africa electronically and agree that all agreements, notices, disclosures and other communication sent by Raines Africa satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
You ensure that the goods are fit for the purpose for which you want to buy them and are in excellent condition and free of any form of defects before you take delivery of the goods. It is the responsibility of the customer to ensure, before delivery, that the goods listed on the till slip or your purchase order correspond in description, price and quantity with the goods purchased. You agree to adhere to the user/manufacturer’s instructions and ensure that you make yourself aware of all product warnings and safety instructions before the installation or use of all products purchased from Raines Africa. You are to keep proof of any repairs conducted and allowed by Raines Africa and proof of purchase on all returned goods.
You must make sure of all measurements and sizes before purchasing your goods, as we will not replace or refund you if the goods do not fit into the room/intended location or through a door.
The onus is on you to advise us if the goods are for a particular purpose when entering the transaction, and we cannot be held liable if you have not advised us of the goods particular purpose.
Raines Africa provides the website “as is” and “as available” and to the extent permissible by law disclaims warranties including but not limited to a warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website is free from defects, uninterrupted and error-free. While Raines Africa attempts to provide accurate and timely information, Raines Africa cannot guarantee this. Raines Africa may correct and change the website if required. The Raines Africa goods and services described on the website are available in RSA, through the Raines Africa branch network.
Although Raines Africa has tried to display the goods and their colours as accurately as possible, the displayed products and colours of the products will also depend upon your equipment and Raines Africa cannot guarantee that your equipment will display an accurate representation of the actual goods or their colours. Raines Africa will not be liable for any other website provided by any third party. It does not include all accessories shown with products for presentation in the price, nor are such products guaranteed to be available for sale by Raines Africa. In the event of delivery delays or out-of-stock situations, we will notify you and we will do our very best to ensure a speedy fulfilment.
Image Disclaimer: Where products are displayed with compatible devices, we will not include these devices as part of the sales price unless specifically identified as part of a product bundle. In all other cases, we show images to display products within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions.