Terms & Conditions

Agreement
Welcome to Mammoth Retail. Mammoth Retail (www.mammoth.co.za) is operated by Mammoth Retail (Pty) Ltd. referred to as Mammoth Retail. All affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in thisagreement. By using the Mammoth Retail website and/or registering to shop on you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the Mammoth Retail website to trade and that you agree to be bound by these terms and conditions.

Should you not agree to the terms and conditions stipulated you may not use the Mammoth Retail website.

Your access to the Mammoth Retail website and use of any services provided by Mammoth Retail including any purchases made by you from Mammoth Retail are subject to terms and conditions established under the following headings:

•             Terms of Use of Mammoth Retail Website
•             Terms of Trade with Mammoth Retail
•             Privacy and Security Statement
•             Intellectual Property Statement
•             Dispute Resolution
•             Compliance with Statutory Consumer Protection Provisions
•             Contact Information
•             Terms of Use of Mammoth Retail Website

The Mall Operators grant you a limited license to access and make personal use of the Mammoth Retail website. You are not allowed to modify (other than page caching) the website or any portion thereof without the prior written consent of Mammoth Retail.

This license does not permit any resale or commercial use of the Mammoth Retail website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Mammoth Retail website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

The Mammoth Retail website or any portion of the Mammoth Retail website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of Mammoth Retail.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the website or our affiliates without prior written consent.

You may not use any meta tags or any other “hidden text” utilizing the Mammoth Retail name or trademarks associated with the Mammoth Retail website without the prior written consent of Mammoth Retail. Any unauthorized use terminates the permission or license granted by Mammoth Retail.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Mammoth Retail website so long as the link does not portray Mammoth Retail, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mammoth Retail logo or other proprietary graphic or trademark owned by Mammoth Retail, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.
Mammoth Retail may provide links from the Mammoth Retail website to other websites which may offer services to you. Mammoth Retail are not responsible for evaluating the content or offerings made on these websites. Mammoth Retail do not endorse or warrant the offerings of any of the businesses or individuals, nor are they responsible for the content of the websites to which links may be provided, or that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to Mammoth Retail for any dealings with any other websites accessed through links provided by Mammoth Retail and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.

Disclaimer Of Warranties And Limitation Of Liability
The Mammoth Retail website is provided by Mammoth Retail on an “as is” and “as available” basis. Neither Mammoth Retail, nor their directors, employees, officers, suppliers, or service providers make any representations or warranties of any kind, express or implied, as to the operation of the Mammoth Retail website or the information, content, materials, or products included on the website you expressly agree that your use of the Mammoth Retail website is at your sole riskt to the full extent permissible by south african law, Mammoth Retail their members, employees, officers, suppliers, or service providers disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Mammoth Retail do not warrant that the Mammoth Retail website, its servers, or e-mail sent from Mammoth Retail are free of viruses or other harmful code. Mammoth Retail will not be liable for any damages of any kind arising from the use of the Mammoth Retail website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. In no event shall Mammoth Retail, their directors, employees, officers, or their suppliers or service providers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the use of the Mammoth Retail website, our services or this agreement (however arising, including negligence). The liability of Mammoth Retail their directors, employees, officers, suppliers, and service providers to you or any third parties in any circumstance is limited to R5 000.00.

Applicable law
The Mammoth Retail website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with Mammoth Retail.

Terms Of Trade With Mammoth Retail.

Invitation to do business
The products or services which appear on the Mammoth Retail website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services to Mammoth Retail. Only when Mammoth Retail have communicated acceptance of your offer and capability to fulfill the order will an enforceable agreement of sale be transacted. This communication of acceptance can only be communicated to you once we have confirmed stock and pricing from our suppliers.

The price of any products or services sold through Mammoth Retail shall be confirmed on the acceptance of your order. Despite our best efforts, a small number of the products or services offered on the website may be mispriced.

•             If the correct price is lower than our stated price, we will charge the lower amount provided that the price difference is not too high.
•             If the correct price is higher than our stated price, we will be entitled to adjust the price to reflect the correct value.


IMPORTANT: Online prices may differ from Mammoth Retail in-store prices.

IMPORTANT: If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the Mammoth Retail website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with Mammoth Retail. You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services.

Place and time of agreement
Agreement as to the terms of use of the Mammoth Retail website shall be deemed to have be accepted by you at the time that you first accessed the Mammoth Retail website and thereafter confirmed each time that you access the Mammoth Retail website.
Agreement to use the Mammoth Retail website and those governing all transactions that may be effected using the Mammoth Retail website shall be deemed to have taken place in Cape Town.

All communications with Mammoth Retail facilitated by the Mammoth Retail website, the Mammoth Retail call centre, or email communicated between you and Mammoth Retail Operators shall be deemed to have been received, in the case of communications initiated by Mammoth Retail, when the communication leaves the Mammoth Retail website or email server, and in the case of communications initiated by you, when it is received on the Mammoth Retail website or email server. Acceptance by Mammoth Retail of an order placed by you shall be deemed to have been made and an agreement entered into, when communication of the acceptance leaves the Mammoth Retail website or email server.

Your order may be cancelled at any time.
IMPORTANT: If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the Mammoth Retail website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with Mammoth Retail. You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services.

Place and time of agreement
Agreement as to the terms of use of the Mammoth Retail website shall be deemed to have be accepted by you at the time that you first accessed the Mammoth Retail website and thereafter confirmed each time that you access the Mammoth Retail website.
Agreement to use the Mammoth Retail website and those governing all transactions that may be effected using the Mammoth Retail website shall be deemed to have taken place in Cape Town.

All communications with Mammoth Retail facilitated by the Mammoth Retail website, the Mammoth Retail call centre, or email communicated between you and Mammoth Retail shall be deemed to have been received, in the case of communications initiated by Mammoth Retail, when the communication leaves the Mammoth Retail website or email server, and in the case of communications initiated by you, when it is received on the Mammoth Retail website or email server. Acceptance by Mammoth Retail of an order placed by you shall be deemed to have been made and an agreement entered into, once a product leaves the Mammoth Retail premises destined for you. If only part of an order leaves our premises, only that portion of the order is deemed as accepted. Mammoth Retail can cancel any order at any time.

Backorders
Due to the popularity of some products or services, Mammoth Retail may not always have a products or services ordered by you in stock. Mammoth Retail will accept orders for out of stock products or services to ensure that you will be able to receive the item once it becomes available. If the products and services ordered by you are not available or only a portion is available, you may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be shipped to you.

Electronic communications
When you visit Mammoth Retail or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Mammoth Retail will communicate with you by e-mail or by posting notices on the Mammoth Retail website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to the Mammoth Retail website and transactions concluded using the Mammoth Retail website, as well as your intent to enter into any transaction on Mammoth Retail, may be evidenced by any action by you from which this may reasonably be inferred.

Registration
It is necessary for an individual to register in order to make an offer to purchase any of the products or services provided by Mammoth Retail and the payment via credit card takes place on a secure server at www.payu.co.za. Offers to purchase are restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may make an offer to purchase. Any person not permitted to make an offer to purchase but who does so, shall be guilty of committing a fraud and Mammoth Retail may take whatever legal action it deems necessary to obtain the appropriate relief.

Gift Vouchers (online vouchers)
All Mammoth Retail issued gift vouchers expire 3 years from the date in which they are issued unless otherwise stated on the voucher.
•             A voucher can only be used multiple times until the full value is spent.
•             A voucher cannot be used together with another voucher:
•             Any abuse of a voucher will result in us cancelling the order and disabling further voucher use for the user on our system.

Disclaimer of warranties and limitation of liability and applicable law
The provisions of the Disclaimer of warranties, Limitation of liability and Applicable law relating to the use of the website apply equally to the remainder of this agreement.

Amendment To Terms And Conditions
Mammoth Retail may amend the terms and conditions governing access to the Mammoth Retail website as well as trade using the website. Mammoth Retail shall, prior to the amendments of the terms and conditions, give registered purchasers and any third parties to whom this agreement may apply notice of the amendments by email, or by posting the notice of such amendments on the Mammoth Retail website. Your continued use of the site however, will be regarded as an acceptance of the amended terms and conditions.

Advertising and Printed Material
While Mammoth Retail makes every possible effort to ensure that all product information and pricing in any form of communication material is factually correct at the time of communicating it to the public, Mammoth Retail cannot be held responsible if any factual errors occur. Please check pricing and specifications on the Mammoth Retail website for any changes. All prices are inclusive of VAT unless otherwise stated. All prices exclude delivery costs. E&OE.

Privacy And Security Statement
Mammoth Retail know that you care how your personal information may be collected, processed and used; we appreciate your trust that Mammoth Retail will do so carefully and sensibly. This notice describes the Mammoth Retail privacy policy. By visiting Mammoth Retail, you are accepting the practices described in this Privacy and Security statement.

•             Information You Give Us: We receive and store information you enter on the Mammoth Retail website or that you may provide on Mammoth Retail in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
•             Automatic Information: The Mammoth Retail website receives and stores certain types of information whenever you interact on the Mammoth Retail website or communicate with Mammoth Retail by email. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your web browser accesses Mammoth Retail.
•             E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from the Mammoth Retail website, if your computer supports such capabilities.
•             By providing the information to Mammoth Retail you consent to Mammoth Retail collecting maintaining, storing and processing the information, provided that Mammoth Retail shall:
•             not disclose your personal information to a third party other than to effect the transactions agreed to in using the Mammoth Retail website without obtaining your express consent to do so;
•             only disclose your personal information, without your consent, if legally required to do so;
•             be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.
•             Mammoth Retail shall own and retain all rights to non-personal statistical information compiled by it.

While Mammoth Retail and their affiliates shall take commercially reasonable care to safeguard the information provided by you on Mammoth Retail from unauthorized access or disclosure, Mammoth Retail do not represent or guarantee that the safeguards will provide absolute protection.

Mammoth Retail shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in this agreement, unless agreed with you to the contrary, in writing.

Intellectual Property Statement
Copyright in any information or trademarks displayed anywhere on the Mammoth Retail website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by Mammoth Retail or by the original creator of the materials, or by suppliers and service providers to the Mammoth Retail website. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described on the Mammoth Retail website or with the prior written permission of Mammoth Retail. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Mammoth Retail website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Dispute Resolution
You choose the email address elected by you to receive delivery of the products and Mammoth Retail chooses info@mammoth.co.za.

Compliance With Statutory Consumer Protection Provisions
Mammoth Retail adhere to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the Mammoth Retail website, as well as the information required in terms of the Act, are provided for your reference.
Return of products or cancellation of service agreements

Mammoth Retail shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within thirty days of the date of receipt by you of the products or the conclusion of an agreement to provide services.

Exclusions from return of products or cancellation of service agreements
The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:
•             any products and services are acquired by auction;
•             the supply of products which comprise foodstuffs, beverages, or other goods intended for everyday consumption at the home or workplace of the customer;
•             to services which commenced with the customers consent, (either express or implied) prior to the expiry of the thirty day period;
•             where the price of the products or services depend on fluctuation in financial markets beyond the control of Mammoth Retail;
•             where the products are personalised or made to the customer’s specifications;
•             where the products are underwear which cannot, for health reasons, be returned;
•             where the products by reason of their nature cannot be returned (electronics,safety equipment)
•             if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;
•             the sale of reading material in whatever form;
•             the provision of any gaming or lottery services;
•             the provision of accommodation, travel, transport, catering or leisure services if Mammoth Retail or its agents or suppliers undertake to provide these services on a specific date or within or for a specific period
•             the product is a voucher of any kind

Competitions Terms and Conditions
1.            Competitions are open to residents of South Africa only and all entries must be made in the English language.
2.            Anyone working for Mammoth Retail, or any of its associated companies or any family members or associates is prohibited from entering any competitions and also any company or any professional and/or commercial entries are similarly prohibited from entering.
3.            No cash alternative is available to any prize unless expressly stated otherwise.
4.            The closing date for any competition is as stated on the entry form. The judges cannot accept responsibility for late entries.
5.            Entrants expressly declare that they do understand these Terms and Conditions and are duly authorized to participate in the competition.
6.            The editors’ and/or judges’ decision will be final. We will not enter into correspondence.
7.            All entrants’ information is private and will be used only in accordance with our Privacy Policy.
8.            Multiple winners may be subject to a tiebreak to decide an outright winner.
9.            Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
10.          Winners under 18 years old require permission from a parent/guardian to take the prize and any winner may be required to submit proof of age or prove ownership on authorised use of phone.
11.          Prize is non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-drawn/next highest score etc.
12.          We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration and responsibility will not be accepted for undelivered, lost or delayed text messages or postal entries nor for any network errors for which there may be delays during peak time. Proof of sending is not proof of receipt. Technical or ineligible errors will void entries.
13.          If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and there are no refunds for abortive games. Your statutory rights are unaffected.
14.          Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, displayed to the public by us or any company connected with the promotion. This will be in the form of the winner’s name and city of origin. Entrants agree that we are the owner of the entire copyright, whether now existing or howsoever, arising in the future, including all the rights throughout the universe to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed (‘Exploitation Rights’) to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof including for the avoidance of doubt the right to register any design rights and/or trademarks.
15.          Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright and patents act and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein.
16.          By entering any competition on the site, you are agreeing to receive marketing communication from Mammoth Retail in the future.

Customers’ obligations on return of products and services
If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that the may be returned) have been delivered, within thirty days of the receipt of the products or services, the customer shall return to Mammoth Retail or their authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by Mammoth Retail or their agents, to the customer as well as an indication of the customers’ choice to cancel the transaction.

The customer shall refund to Mammoth Retail all direct expenses incurred by Mammoth Retail or their authorised agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by Mammoth Retail or their authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.

Mammoth Retail obligations on return of the products and services
Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services, Mammoth Retail or their authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to Mammoth Retail as provided for above.

Contact Information

Errors:
Please note that although Mammoth Retail endeavours to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to Mammoth Retail for a full refund within 7 days of delivery with original sales receipt. Please see our Refund Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).

Errors and Omissions Wording
Neither Mammoth Retail 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 Website or the services or content provided from and through this Website. Furthermore, Mammoth Retail makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to info@mammoth.co.za

Mammoth Retail shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Mammoth Retail will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

Privacy Policy

In order to transact with us, you will be required to furnish certain information.

Your email address and any information provided by you is used solely for the purposes of the transaction and for communicating with you from time to time via our newsletter.

Mammoth Retail will not provide your contact information to a third party without your express consent.

Security
Your credit card information is not stored by us, you will be directed to a secure server for processing of the payment.

For more information, visit https://www.payfast.co.za