Terms and Conditions

  1. Introduction

    1. These Website Terms and Conditions (T&Cs), including any Policies on Pop Vinyl’s website (“we”, “us” and “our”), apply to Pop Vinyl, the provider of sale of goods, access to the information and use of this Website by the Customer (“you”, or “your”).
    2. By using this Website (https://popvinyl.co.za and all other URLs) you are bound by and agree to these T&Cs, which we may change without notice (we try and not change things but sometimes it is required). If you do not agree to any of the T&Cs you should not continue to use the Website.
    3. When placing an online order with us, a user profile will be created for which serves as consent to and acceptance of our T&Cs, Privacy Policy, Returns Policy and Shipping Arrangements. We take no responsibility for the actions of our shipping partners (including any past, current or future shipping providers).
    4. These Terms and Conditions are important and should be carefully read as they contain provisions which, within the limits of the Consumer Protection Act, may limit Pop Vinyl’s risk or liability, create risk or liability for you as a consumer, may compel you to indemnity Pop Vinyl and serves as an acknowledgement by you of any fact.
    5. Should you not understand or are confused by any of the contents of these T&Cs, we advisee you to reach out to us to assist with you with further explanation of the T&Cs before accepting them.
  2. Definitions

    1. Items” means the Product/s selected by the Consumer (you) for purchase when placing and ordering one our Website.
    2. Policies” means the various Pop Vinyl policies contained in or referred to herein and on our Website, including product information, which form part of these Terms and Conditions and which may be updated at any given time;
    3. Products”  means all products or services displayed for sale on our website, including but not limited to Funko Pop Vinyl Figures, FUnko Pop Pocket Keychains and Funko Pop Accessories.
    4. Website” means our online site and store, which can be accessed at (wwww.popvinyl.co.za / popvinyl.co.za), owned and operated by Pop Vinyl (“we”, “use” and “our).
    5. Working Days” means between 09h00 and 17h00 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of  South Africa.
  3. USE OF THE WEBSITE AND SOCIAL MEDIA PLATFORMS

    1. Pop Vinyl is active on Facebook and Instagram and other social media platforms from time to time.
    2. You agree to use the Website for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Website from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
    3. You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:
      1. any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
      2. any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
      3. any content that constitutes an invasion of privacy; or
      4. any content that is an infringement of any intellectual property right; or
      5. 4any content that contains software viruses; or
      6. any content that constitutes a political statement, commercial solicitation, or “Spam”.
    4. Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserves the right to remove any content from the Website and Social Media Platforms where we deem such content, in its sole and absolute discretion, to be an infringement of Clause 4 or harmful in anyway whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content or should you breach any clause in these T&Cs, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Medial Platforms, without any further notice to you.
    5. The following activities on or through the Website and Social Media Platforms are expressly prohibited:
      1. any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or Social Media Platforms or the content contained thereon, without the prior written authority of Pop Vinyl; and
      2. the collection or use of any listings, descriptions, and/or price lists from the Website or Social Media Platforms for t
      3. he benefit of a competing merchant that supplies products comparable to those offered on the Website; and
      4. any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Website or Social Media Platforms, or otherwise interferes with the proper and timely functioning of the Website of Social Media Platforms;
      5. any attempt to gain unauthorised access to the Website or its related systems or networks;
      6. accessing the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and
      7. the reverse engineering or decompiling of the Website to (without limitation)(i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; (iii) copy any ideas, features, functions or graphics of the Website.
    6. When you register or make a purchase on the Website, you will be required to provide certain access details, including a username and a password. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and you accept full liability for all activities that occur on or involves the Website under your User Name. You may not:
      1. allow other people to use your User Name and Password; or
      2. impersonate another User or any third party; or
      3. provide false information to gain access to the Website.
    7. You also warrant your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
    8. Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly product pricing and promotional content.
    9. Without limiting the generality of the aforegoing, this Website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this Website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this Website.
  4. NATIONAL CREDIT ACT 34 of 2005

    1. Not applicable.
  5. PURCHASES AND STOCK AVAILABILITY

    1. You will be required to provide certain information, in order to purchase Products that are displayed on our website, which may including personal information. Please refer to our Privacy Policy on our website to view how we process and use your personal information.
    2. Use of our website confirms your understanding and acceptance of these Terms and Conditions, and you will be bound by these T&C’s during all transactions relating to the purchase of Products from our website.
    3. Prices displayed on our website are subject to change without notice. Prices will include tax, where this is required by specific country legislation.
    4. Orders placed may be declined or cancelled in the event of Products being out of stock, damaged Products, incorrect Product information, incorrectly displayed prices, and due to payment for Products not being received or payments not being authorised by Pop Vinyl. In this circumstance, if an order has been cancelled where credit card has been the method of payment the amount will automatically be refunded back to the credit card.
    5. We will notify you as soon as we can if any Items Ordered are not available (this may take a few days, depending on the delivery and payment method method).
    6. Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  6. PAYMENT OPTIONS

    1. Payment is subject at all times to Pop Vinyl’s agreements with its bankers and the outsourced financial transactions service provider.
    2. You may pay for your online orders and delivery costs using two payment options on our Website, including where available:
      1. Credit, cheque or debit card.
        1. We subscribe to high security and encryption standards allowing all Customers to shop with peace of mind. We have taken all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.
        2. When placing your order, and proving the required personal details, including  your payment card details you warrant that you are authorised to make payment with the payment card and that there are enough funds available to pay for your order.
      2. Elecronic Transfer (EFT)
        1. Payments may be made via EFT to our FNB bank account. Products will only be shipped once payment has cleared.
  7. DELIVERY AND RETURNS

    1. Deliveries
      1. Due to the nature of Product, delivery options may differ per division and product, and not all delivery options are available for all items Ordered. Please refer to our online Delivery and Returns Policy in our FAQs, which are incorporated into these T&Cs by reference.
      2. Delivery fees vary depending on your selected delivery option and Items ordered. The delivery fee will be displayed during the ordering checkout process, but before checkout has been finalised.
      3. We will notify you via email as to the process of your Order, and you will also be able to track Order.
      4. Upon delivery or collection of your Order a delivery/collection note will be issued for signature, reflecting the Items that are being delivered or collected, delivery fees, Value-Added Tax and the amount paid.
      5. You should always check that the Items being collected or delivered are correct and are free from any defects. Should the packaging be damaged and you accept the Order without fully inspecting the Items you should add a note on the delivery note stipulating that the packaging was damaged, or items were not inspected. Where there is an issue with the Items detected after acceptance of the Order, you should notify our Call Centre without delay in order for us to be aware of any issues with the Items and in order for arrangements to be made for the items to be returned and refunded.
      6. Although reasonable care shall be taken, we cannot accept responsibility for incorrect delivery details that have been provided to us, or if an unauthorised person at your chosen delivery address accepts delivery of your Order, as we do not verify the identity of the person at the delivery address who signs the delivery note.
      7. In the event that you do not collect an Order (i.e. you are not at home, reminders will be sent to your to collect your Order.
      8. After 2 (two) failed attempts to deliver your Order to you at your chosen delivery address via our couriers services, your Order shall be returned to us and the purchase shall be reversed after the cost of the second delivery has been deducted.
      9. For purposes of this clause “we, us, our” shall include any  agent or independent contractors who may be responsible for  delivery on behalf of us which shall also include the South African Postal Office or a courier services.
    2. Returns.
      1. Please see our Returns Policy page for further information.
  8. CANCELLATIONS AND REFUNDS

    1. You may cancel your Order prior to us sending you the Order shipping notification. Should you cancel Orders after we have sent out the Order shipping notification a shipping fee will be deducted from your refund.
    2. Qualifying refunds will be processed as follows:
      1. Where manual EFT, Instant EFT and cash payments were made and returns are processed credit or a refund will be processed.
  9. RISK AND OWNERSHIP

    1. Once the Order has been delivered or collected by you, the risk in and to the Products will pass to you as the Customer.
  10. CHANGES, SUSPENSION, AND TERMINATION

    1. We may alter and/or amend the Website at any time without giving notice to you,
    2. We may suspend or terminate the Website at any time without giving notice to you.
    3. We may terminate your account at any time for any reason, including any improper use of this Website or your failure to comply with any provision of these T&Cs.
    4. Such termination shall not affect any right or remedy to relief to which Pop Vinylmay be entitled.
    5. Upon termination of the Website or your account, all rights granted to you will terminate and revert to Pop Vinyl.
    6. Pop VInyl may at any time modify these T&Cs without notice to you. If you are not satisfied with the amended T&Cs, you should refrain from using the Website, as your continued use of the Website is deemed to constitute your acceptance of the Terms and Conditions as amended and in force at the time of your use.
    7. We will however give you notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended modification.
    8. We accordingly advise you to read and take note of these T&Cs each and every time you visit the Website, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the T&Cs available on the Website whenever you visit the Website.
  11. WARRANTY

    1. The Products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the Products are handled, used or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the Products were purchased.
    2. We shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the Products in breach of these T&Cs.
  12. LIMITATION OF LIABILITY

    1. Whilst every attempt is taken by Pop Vinyl to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website will be uninterrupted or virus or error-free. We therefore caution you to check all emails, attachments and files before downloading them.
    2. We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.
    3. While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, including incorrect prices, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties’ web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.
    4. While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Pop Vinyl Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, as far as the law allows, for any damages that you may suffer as a result of the breach of the confidentiality of such information.
    5. You hereby agree, to as far as the law allows, to indemnify Pop Vinyl against any loss, claim or damage suffered, or liability sustained by your or any third party acting for you, due to your or their use of our website and/or any thirty party websites linked to our website.
    6. We shall not be liable to you in contract, delict (including for negligence) or otherwise:
      1. for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or
      2. for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or
      3. for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
    7. Each provision of this clause 13 operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, then the other parts shall be severable and shall still apply in their entirety.
  13. PRIVACY AND COOKIE POLICY

    1. This clause 13 provides details about our Privacy and Cookie Policy, which Policy forms part of this Agreement. Pop Vinyl takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Privacy and Cookie Policy.
    2. Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymised information.
    3. Your use of our Website signifies your consent to us collecting and using your personal information as specified below.
    4. How we collect information about you:
      1. You may provide personal information to us when communicating with us or registering an online user profile.
      2. You may order a product or a service and provide your name, e-mail address, delivery address, credit or debit card number and expiry date so that the order can be processed and your products (or services where appropriate) delivered to you. Sometimes, you may be asked for your telephone number.
      3. When you call us, we may monitor or record your calls and store details of the phone number(s) you use to make the calls. This information is used to better address your customer service needs.
      4. If you enter a competition or participate in a promotion, we will ask for your name, address and e-mail address and any other relevant information about you.
      5. When you connect to the Internet using our services, we will collect your Calling Line Identification Number (CLI).
      6. We will collect information concerning your tastes and preferences both when you tell us what these are and through our analysis of customer traffic, including through the use of cookies (as described below).
      7. It may be that you provide to us details of credit or debit cards or bank accounts in order to make payments to us. Any such information (“confidential financial information”) will be used by us only for the specific purpose for which it was provided to us.
    5. How we use your information
      1. We may use your information to confirm that your orders have been received; to validate you as a customer when using our services and calling our Call Centre; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups.
      2. We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, credit-scoring, affordability assessment, and improving business efficiencies.
      3. We may use personal information collected about you to contact you by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with you about your customer benefits and advise you regarding the use of our services.
      4. We may use the information collected about you to contact you by post or phone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.
      5. Subject to your preferences in respect of each of our services, selected third parties may use the personal information collected about you to contact you about information that you might find interesting.
    6. How long do we keep your information for? The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed. We will in any event delete or destroy any personal information which has become obsolete.
    7. Disclosing your information to third parties:
      1. Pop Vinyl reserves the right to access and disclose personal information to comply with applicable laws, regulations and lawful government requests, to operate its systems properly to protect itself or its users or to solve any customer disputes.
      2. We may provide aggregate statistics about our sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you.
      3. We may from time to time elect to make use of other companies to provide some of our services, and our services will then be offered through third party service providers on our Website. We may then share your personal information with these companies. These companies can and will process this information and will be obliged to keep such information confidential.
    8. A cookie is a piece of information that is stored on your computer’s hard drive by your web browser. On revisiting our Website, our computer server will recognise the cookie, giving us information about your visit.
    9. When and where do we use cookies?
      1. We allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognise you as a customer and provide you with the services you require. If your browser is set to reject cookies, you may not be able to register for Pop Vinyl services. We may also use this data to better understand your interests while online and to personalise your visits to our Websites.
      2. On different sections of our portal. We use cookies to collect information concerning visitors to our Website. Our servers use two different types of cookies. The first type is known as a ‘session-based’ cookie and is allocated to your computer only for the duration of your visit to our Website. It helps you to move around the Website faster and, if you’re a registered customer, it allows us to give you information relevant to your selected Pop Vinyl service. This cookie automatically expires when you close down your browser. The second type of cookie is known as a ‘persistent’ cookie. A persistent cookie will remain on your computer for the period of time that has been set for each cookie. Persistent cookies are used for the purposes of advertisements on our Website and to track whether these advertisements are clicked on by users; to control how often you are shown a particular advertisement; to tailor content to your preferences; to count the number of anonymous users of the Website and to provide security within shopping baskets or transactions. The types of cookies used and the manner in which the information generated by them is used will be governed by those advertisers’ privacy policies. We have no control over these.
      3. How can you refuse or opt out of cookies? Most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
      4. How can you manage your privacy preferences? If you’d like us to stop processing your information for marketing purposes, please write to Pop Vinyl at support@popvinyl.co.za.
  14. INTELLECTUAL PROPERTY

    1. All content included on this Website, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of Pop Vinyl or its content suppliers and is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Pop Vinyl and is protected by South African and international copyright laws.
    2. Except as stated herein, none of the material may be copied, reproduced, distributed, published, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or with the prior written permission of Pop Vinyl or the copyright owner.
    3. You may not “mirror” any content contained on the Website on any other server unless with the prior written permission of Pop Vinyl.
    4. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website, provided that the link does not portray Pop Vinyl, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Pop Vinyl logo or any other proprietary graphic, trade name or trademark whatsoever as part of the link without the express written permission of Pop Vinyl, its affiliates and/or content suppliers.
    5. All trademarks and trade name are and shall remain the exclusive property of Pop Vinyl.
    6. The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.
  15. BREACH

    1. Should you breach and of these T&Cs we reserve the right to cancel any Order and/or your website registration, notwithstanding our rights to exercise other legal remedies available to us.
  16. APPLICABLE LAW

    1. These Terms are governed by the laws of the Republic of South Africa.
  17. COMPANY DETAILS

    1. Pop Vinyl..
    2. Customer Services: support@popvinyl.co.za
    3. Website Address: www.popvinyl.co.za, pop vinyl.co.za