Terms and conditions of use

OWNERSHIP

Dynamic Water Sports CC with registration number 1989/038445/23 and VAT number 4580113209 is incorporated in South Africa and trades as Dynamic Elements For the sake of convenience the name ‘Dynamic Elements’ will henceforth be used.

CONTENT OWNERSHIP

All content on our website is owned by our content suppliers or us. On behalf of our content suppliers, and ourselves we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

Any person, party, company may not copy any form of content, pictures from our website without our prior permission. Any requests to use our content should be submitted to us by e-mail from our contact page.

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail at our contact page, or by sending a mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

PRICING AND PRODUCT INFORMATION

Although every effort is made to ensure the accuracy of pricing and product information. Instances may arise in which a product or products may be priced incorrectly on the website or where the product information supplied is inaccurate.

Dynamic Elements will not be held bound by the incorrect price(s) in cases where such error(s) occur. Due to fluctuations in exchange rates and consequent variances in our local suppliers’ pricing, as well as the occurrence of periodic supplier price increases, Dynamic Elements cannot guarantee that the price at which an item is backordered will be the price at which the goods will be sold once stock has landed in South Africa. In such instances Dynamic Elements will either refund the customer the price paid or charge the difference in price to the customer should the customer still wish to purchase the product(s). Dynamic Elements will not be held responsible for errors in the product information supplied.
VAT (VALUE ADDED TAX)
VAT is charged at 14%. All prices listed on Dynamic Elements are inclusive of VAT unless otherwise stated. Goods that are exported outside of the borders of the Republic of South Africa do not carry a VAT charge. Whilst every effort is made to provide accurate estimates for delivery times, Dynamic Elements is not liable for any delays in delivery that may occur as a result of our preferred courier partners scheduling.

Our addresses are:

Physical: Bluewater Bay, Port Elizabeth
 
Postal: P.O Box 1114, Jeffreys Bay,6330

WARRANTY/GUARANTEE

All products sold by Dynamic Elements are covered by a manufactures warranty, reckoned from the date of purchase, to protect you against manufacturing defect only this does not apply to misuse, incorrect application of product.
In the majority of instances the manufacturer of the product in South Africa endorses this guarantee. In such instances the manufacturer can be approached directly to affect the repair, or Dynamic Elements will handle the entire repair process on behalf of the customer. Where a product is defective it is the responsibility of the customer to return the product at his or her own risk and expense to Dynamic Elements. Dynamic Elements will facilitate the repair or replacement and then ship the product back to the customer, bearing all risks and costs. Dynamic Elements is not obliged to repair products that fall outside of the one-year guarantee period, or products that are damaged accidentally, however, Dynamic Elements in seeking to deliver the highest standard of customer service will gladly assist the customer in having the product repaired via the network of repair agents with which Dynamic Elements has business dealings.

STOCK AVAILABILITY

Stock of all goods on offer is limited. Dynamic Elements shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Dynamic Elements shall only be liable to refund monies where it is unable to fulfill orders at advertised prices. Where goods are advertised as having an estimated delivery time, or are on backorder, Dynamic Elements is not responsible for delays on these estimates. These estimates are merely guidelines and may shift with stock availability and supplier scheduling.

PRIVACY POLICY

Dynamic Elements abides by a strict privacy and confidentiality policy. No credit card information is stored on our website – it is processed securely via ‘Payfast’, a registered payment gateway that operates closely with all major banks. We will use the information you give us to process your order and keep you informed of its progress, to give effect to your payment instructions, to deliver your purchase to you, and to meet any warranty information required by our suppliers. If you choose to subscribe to our free newsletter, we will use any additional information you choose to give us for the following purposes:
   1. To contact you with special offers from time-to-time;
   2. To advise you of new products, supplier offers, instruction courses, upgrades, and other benefits, which directly address your own areas of interest, hobbies, and pastimes;
   3. To bring you exclusive information about special, discounts, closeouts, sale items, and similar offers;
   4. To enter you automatically into competitions where you can win an array of exciting prizes on a regular basis

PAYMENTS AND REFUNDS

Credit card payments.
At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. As a protection against fraud, Dynamic Elements reserves the right to request ID documents, credit card billing statements and photocopies of any credit card used to make purchases on Dynamic Elements. Dynamic Elements reserves the right to refuse to ship orders to customers refusing to make such information available or whose information is suspicious in anyway.

Bank deposit payments.
If a buyer selects to pay via bank transfer the following conditions apply:
   1. The exact amount must be paid;
   2. The payment must be identified by supplying the order number and/or surname in the reference section of the deposit slip or on the electronic transfer;
Credit card refunds - we are able to reverse transactions on our payment gateway system. The refund will only reflect on the credit card used and no other method is allowed.
Bank Transfer (EFT) refunds. Once an email with the order number, full banking details and request for refund is received, it may take up to 5 working days for the refund to be processed by our accounts department. Please send request for refund emails to accounts@dwsports.co.za if a refund forms part of a return, then the terms applicable to returns apply as well.
Note: Dynamic Elements does not accept cheques . Dynamic Elements will only issue refunds as per the method of payment originally utilized by the customer.

GOVERNING LAW

Dynamic Elements is registered and operates out of the Republic of South Africa. The law governing these terms and conditions is the law of the Republic of South Africa.

ECT COMPLIANCE

The ECT Act states that when we offer goods or services by way of certain electronic transactions the following must be made available:

  • Full name: Dynamic Elements (www.dynamicelements.co.za)
  • Main business: Online Retailer of Adventure Sports goods and Marine Hardware and Electronics, Software and accessories
  • Address for receipt of legal service: 18 Schelde Street Jeffrey’s Bay
  • Office bearers: Stephen Bogusch
  • Webmaster: gary@dwsports.co.za
  • Website: http://www.dynamicelements.co.za
  • Official email address: stephen@dwsports.co.za

PROATIA

The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from: http://www.acts.co.za/promotion_of_access_to_information_act_2000.htm

UPDATING OF THESE TERMS AND CONDITIONS

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

DISCLAIMER

Notwithstanding provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Dynamic Elements nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Dynamic Elements makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors. This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Dynamic Elements that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.