Terms & Conditions

StableGate Pty Ltd Trading Terms and Conditions: For Retail and Online Stores

Introduction

This website can be accessed at www.stablegate.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by StableGate (RF) (Proprietary) Limited (“StableGate”, “we”, “us” and “our”).

These Trading Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of our Store and Online Website Shop.

These Terms and Conditions are binding and enforceable against every person that accesses or uses the Store or Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

The Website enables you to shop online for an extensive range of goods including equestrian sporting equipment, tack, saddlery, rider wear, stable equipment, nutritional feed and care products for horses (“Goods”).

StableGate will from time to time list goods for sale on behalf of a third party seller to list on the Website (each a “Third Party Seller”). StableGate will indicate on relevant product pages when Goods are for sale on behalf of a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from StableGate. These terms are made clear in the relevant clause relating to our second-hand department.

Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, (the “CPA”).

These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

• may limit the risk or liability of StableGate or a third party; and/or
• may create risk or liability for the user; and/or
• may compel the user to indemnify StableGate or a third party; and/or
• serves as an acknowledgement, by the user, of a fact.

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask StableGate to explain it to you before you accept the Terms and Conditions or continue using the Website.

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either you or StableGate in terms of the CPA.

StableGate permits the use of this Website subject to the Terms and Conditions. By using this Website or the online store in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

Consumer’s right to return goods

The consumer may return goods to the supplier, and receive a full refund of any consideration paid for those goods, if the supplier has delivered:

1. Goods to the consumer in terms of an agreement arising out of direct marketing, and the consumer has rescinded that agreement during the cooling-off period,
2. Goods that the consumer did not have an opportunity to examine before delivery, and the consumer has rejected delivery of those goods for any of the reasons
3. A mixture of goods, and the consumer has refused delivery of any of those goods
4. Goods intended to satisfy a particular purpose communicated to the supplier and within 10 business days after delivery to the consumer, the goods have been found to be unsuitable for that particular purpose.

The above does not apply with respect to any goods if—

For reasons of public health or otherwise, a public regulation prohibits the return of those goods to a supplier once they have been supplied to, or at the direction of, a consumer

After having been supplied to, or at the direction of, the consumer, the goods have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.

• Goods returnable must be returned to the supplier at the consumer’s risk and expense;
• Goods must be returned to the supplier at the supplier’s risk and expense, within 10 business days after delivery to the consumer.
• Upon return of any goods, the supplier must refund to the consumer the price paid for the goods, less any amount that may be charged
• In determining the right of a supplier to impose a charge, if any goods returned to the supplier
• (a) in the original unopened packaging, the supplier may not charge the consumer any amount in respect of the goods;
• (b) in their original condition and repackaged in their original packaging, the supplier may charge the consumer a reasonable amount for—
• (i) use of the goods during the time they were in the consumer’s possession, unless they are goods that are ordinarily consumed or depleted by use, and no such consumption or depletion has occurred;
• or (ii) any consumption or depletion of the goods, unless that consumption or depletion is limited to a reasonable amount necessary to determine whether the goods were acceptable to the consumer; or
• in any other case, the supplier may charge the consumer a reasonable amount—
• and for necessary restoration costs to render the goods fit for re-stocking, unless, having regard to the nature of the goods, and the manner in which they were packaged, it was necessary for the consumer to destroy the packaging in order to determine whether the goods—  conformed to the description or sample provided, in the case of goods that had not been examined by the consumer before delivery, or were fit for the intended purpose.

Returns

1. Goods to be returned for credit or exchange must be accompanied by a copy of the original invoice within 10 Days of original purchase and in original packaging.
   
   Where possible, the refund shall be done as a EFT transaction. A gift voucher can also be given in lieu of credited funds. All gift vouchers are valid for 1 (one) year.
   
   Goods purchased in store or online to be returned for credit or exchange must be returned to the following address for processing:
   Stablegate The Cosmopolitan Lifestyle Centre 15, fourteenth avenue Northmead Benoni 1501
   
   The following items will not be accepted for credit or exchange due to health and safety reasons:
2. DVDs, books, under garments, riding helmets, grooming brushes, pharmaceutical products and body protectors
   
   Please note that any discounted sale goods cannot be returned once purchased at marked own price.
3. Please note that any second hand goods cannot be returned and are sold as is.
   
   We cannot accept returns for International online sales unless the goods are returned by courier to us at the Johannesburg branch, and we have the relevant paperwork to support the refund. This is due to VAT implications. Original courier costs and any import duties incurred by the customer will not be refunded.
   
   Defective goods. If within three months after delivery of a product to you, you find that the product is faulty, you may return it to us for inspection. We may then need to contact the manufacturer of the product for further feedback and potential product replacement.
   
   Non defective goods. Products which are not defective or damaged, but may be unsuitable, may be returned to us within 10 Days of delivery, for a full refund, or exchange for a more suitable item. The item must be in its original packaging and in perfect condition accompanied by an original purchase receipt.

Registration and use of the website

1. Only registered users may order Goods on the Website.
2. To register as a user, you must provide a unique username and password and provide certain information and personal details to StableGate. You will need to use your own unique username and password to access the Website in order to purchase Goods.
3. You agree and warrant that your username and password shall:
4. be used for personal use only; and
5. not be disclosed by you to any third party.
6. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
7. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
8. You agree to notify StableGate immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
9. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
10. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised StableGate Director (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
11. You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
12. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised StableGate Director

Conclusion of sales and availability of stock

1. Registered users may place orders for Goods, which StableGate may accept or reject. Whether or not StableGate accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by StableGate for the Goods.
2. StableGate will indicate the acceptance of your order by delivering the Invoice for Goods, only at that point will an agreement of sale between you and StableGate come into effect (the “Sale”). 
3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
4. Placing Goods in your “online” shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold StableGate liable if such Goods are not available or are not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage.
5. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by StableGate, StableGate will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, StableGate will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
6. In the case of Goods for sale on behalf of Third Party Seller, should you order any goods which are in fact sold-out, StableGate will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.  Your respective rights and obligations being as set out in these Terms and Conditions.
7. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately with written notice to you.

Payment

1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
2. Whether the Goods are for sale by StableGate, payment can be made for Goods via –
3. Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 working days of placing your order. StableGate will not accept your order if payment has not been received;
4. Instant EFT;
5. In store, we accept the following methods of payment: Cash, Debit, Credit and Visa Master cards.
6. No American Express or Dinners club will be accepted.

Delivery of goods

1. StableGate offers 3 (three) methods of delivery of Goods to you. You may elect delivery via:
2. Courier, self-collection, South African post or PostNet style services
3. For more information about delivery, please see our paragraph on Shipping and Delivery. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
4. Where it accepts your order, StableGate will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such a written notification elect whether to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
5. StableGate’s obligation to deliver a product to you is fulfilled once the appointed service provider / person has delivered the product to the physical address nominated by you for delivery of the order. StableGate is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you or if the goods where collected in store.

6. Online orders can be collected from our Benoni Shop at no additional charge, unless special arrangements, to have goods specially shipped or express delivered to StableGate, at which the arrangements will have been made in writing and accepted by before order is completed.
7. Online orders will be charged a delivery fee according to our appointed courier service, the SA Post Office or Postnet rates. The delivery fee is calculated based on the parcel’s volumetric weight and destination.
8. Any returns fees in all cases will be for the purchaser’s account.

Delivery Rates:

1. Return delivery or delivery rates are calculated depending on the parcel’s actual weight, volumetric weight and destination. Quotation of these rates will be included in your “quote/invoice” along with the quotation for your selected and required goods.
2. Delivery services are offered from our appointed courier services  and South African Post Office.
3. All couriered orders can be tracked online. Your item can be tracked through every stage up until delivery through the service providers websites with the waybill or tracking number issued to us once the parcel has been “dispatched” for delivery.
4. International deliveries vary from country to country. Please contact the chosen service providers websites for detailed outline of these time frames.
5. Please note that international orders are subject to the destination country’s VAT and import duties. The purchaser is liable for these charges and StableGate will not facilitate payment of any import related costs or duties.
6. National (South Africa) deliveries and orders are processed Monday to Friday between 8:30 and 16:00 (excluding public holidays). Orders placed over weekends or on public holidays will therefore only be processed and despatched on the following working day.
7. Items are delivered in most main & regional areas. Rural and outlying areas may take an additional time before delivery as some areas are serviced every 2nd day or weekly as opposed to daily. Please note that this excludes public holidays and weekends and you will be able to track your parcels progress through the service providers website.
8. If products are ordered which are deemed as dangerous goods by the airlines or service providers (e.g. spray canisters and aerosols) it will not be able to be sent with airfreight and additional delays and costs in delivery can be expected.
9. Please contact us for any further enquiries via our contact us page on the website

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods in store and on the Website. However, should there be any errors of whatsoever nature (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 

Gift Vouchers & Coupons

StableGate may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website or in store towards the purchase of StableGate Goods. Gift Vouchers and Coupons can only be redeemed while they are valid, and their expiry dates cannot be extended. More specifically:

Gift Vouchers

1. Gift Vouchers that are purchased by registered online users or in store are valid for 1 year after Sale. Gift Vouchers that StableGate gives away as sponsored prizes and contributions are valid for the period stated thereon (3 months). In each case, if your Voucher has not been used within that period, it will expire.
2. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
3. StableGate is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
4. Gift Vouchers may only be redeemed against products purchased in the same currency as the Gift Certificate.
5. StableGate cannot be held responsible if a Gift Certificate is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.
6. Sponsored Gift vouchers may not be cumulative and used against one purchase. I.e. One voucher used for one purchase.
7. Gift Voucher purchases are not liable for the discount “offer” on the StableGate Loyalty programme. Please see Loyalty Programme paragraph.

Coupons

1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“FixedCoupon “), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon “).
2. Coupons are issued in StableGate’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used by StableGate when special promotion are offered.
3. Generally, and unless specified otherwise on the specific Coupon itself:

• each Coupon can only be used once;
• only one Coupon can be used per order;
• only one Coupon can be used on the Website per person per promotion/campaign;

4. Percentage Coupons may only be redeemed on purchases with a total cart value of less than R 1500.00
5. Where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
6. A Coupon must be used at check-out – it cannot be used on existing/ pending orders; and
7. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
8. Coupons cannot be used to buy Gift Vouchers or other Coupons and cannot be exchanged or refunded for cash or credit. StableGate is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
9. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us at saralee@stablegate.co.za to confirm if the Coupon is still valid.  If StableGate confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
10. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by StableGate, before you are able to use a Coupon.

Specials and other discounted Goods

1. From time to time, we may offer certain Goods at discounted prices or as promotional packages. These will be known as (a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scopeof a Deal, you will pay the discounted price for that product (the “Deal Price”).
2. However, if you buy a product in a manner that fallsoutside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website or in store (the “Normal Price”), for each product that falls outside the scope of the Deal.
3. For example: if you buy more than one product, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter.
4. Deals/ specials have a stock limit and may expire earlier if stock runs out.
5. We do not guarantee a specific saving. The extent of the “deal” or discount is at the sole discretion of StableGate
6. Adding a Special offer to your cart or completing your order for a special offer without paying for it, does not reserve the item for you. StableGate must receive payment from you within 24 hours of you placing your order for the special, otherwise we will cancel your order.
7. Stablegate will reserve stock for customers in the order in which it receives payment. Therefore, if you pay via EFT, you might not get your item because we may only receive payment from you a few days later due to the banks clearing times, and in the meantime the special might sell out to customers paying immediately.

Loyalty Card Programme

1. From time to time, we may offer our clients a Loyalty Card. The use of this card and its’ benefits will be subject to certain conditions as listed below, which define the scope of the “Loyalty card programme”.
2. Discounts offered to clients on the Loyalty card programme are not refundable for cash or store credit
3. The loyalty card offers clients a special discount after a outlined number of purchases in store.
4. Each purchase in store qualifies the client for a “signature” on their card, once the required number of signatures has been received then a special “discount” offer is available to the holder of the card for use on the purchase of new products in store.
5. The discount offer is only redeemable once, per purchase, once the card is completed a new card will be presented to the client.
6. The discount “offer” on the card does not apply under the following conditions:
7. To discounted or items already on sale
8. Payment for specially sourced or manufactured products.
9. Payment of repaired goods, alternations, second-hand purchases or tack fitting/ cleaning services
10. Purchases in conjunction with a purchase of a gift voucher or coupon offer

Tack Fittings Services:

1. StableGate Saddlery offers tack fitting services to our clients.
2. Our Tack fitting service is a charged service with a sperate fee additional to the purchase of goods from the store. Please contact us via email to shop@stableagate.co.za for quotation on fitting fee services and travel rates, if applicable
3. Should our services be required for a “fitting” more than a radius 25km from our physical store we charge additional travel fee at the current prescribed AA advise travel rates per kilometre.
4. By appointing StableGate for a fitting service you acknowledge and understand the following:
5. Saddles flocking and panels change shape and settle with use, this will affect the overall fit of your saddle.
6. Factors such as: a horses’ age, work routine, rider, exercise routine, diet, condition, confirmation and seasonal breeding cycles will all affect the fit of your saddle and tack at any given point.
7. You are under no obligation to purchase fitted tack or saddles from StableGate after a fitting and if you do so, you do so of your own free will.
8. Saddles are covered by a 2-day return policy, if you find specific concerns that the saddle purchased does not fit within this time frame and we find validity in your concerns, we will refit, exchange or refund the original saddle purchased.
9. It is the responsibly of the client to ensure fit is monitored and to book follow up fitting appointments accordingly when dealing with saddles.
10. While StableGate and its appointed agents will always try to give the best advise and fit for each horse and client, the decision to purchase goods it ultimately the clients and the responsibly is their own in this regard. We are glad to answer any questions for clients before they make their decisions.
11. Second-hand saddles and goods sold through StableGate are not exchangeable or refundable.
12. StableGate does reserve the right to withdraw or refuse to fit a client’s horse or saddle should StableGate deem it fit to do so. i.e. if a horse is lame, underconditioned, non-ridable, a safety risk, or if the client has setup a meeting in conflict of interest with other suppliers/service providers.

Repair and Cleaning Services:

1. StableGate offers various range of repair and cleaning services to equestrian tack, equipment and rider wear.
2. Repair times and repair costs given are merely estimates and are not binding on StableGate.
3. Any item handed in for repair may be sold by StableGate to defray the cost of such repairs if the item remains uncollected within 30 days of the repairs being completed, including goods not collected that were sent back unrepaired.
4. All goods submitted for repair must be collected from StableGate store within 30 days from the date of delivery after which StableGate shall not be accountable with regard to the loss or damage of the goods.
5. StableGate reserves the right to dispose of at its own discretion any uncollected goods remaining in StableGate possession for more than 3 (three) months after services rendered date.
6. All repairs subject to unapproved quotations or where the quotation has expired will be returned to the customer in the same state as submitted to us.
7. The client acknowledges and accepts that StableGate may suspend repair work period should any amount due by the client to StableGate.
8. Repair work is not guaranteed or refundable.
9. Please ensure that you receive a printed sales order from our store with the correct repair instructions captured on it before quotation or work is carried out by our service providers. Client will be held liable for all repair carried out and repairs costs.

Second-hand goods

Please see our Terms and Conditions agreement for the resale of preowned goods

Changes to these Terms and Conditions

StableGate may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Electronic communications

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.

Ownership and copyright

1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of StableGate, its advertisers and/or sponsors and/or is licensed to StableGate.
2. You will not acquire any right, title or interest in or to the Business, Website or the Website Content.
3. Any use, distribution or reproduction of the Business or Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content please contact us directly.

4. Where any of the Website Content has been licensed to StableGate or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Disclaimer

The use of the Store or Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Whilst StableGate takes reasonable measures to ensure that the content of the Website is accurate and complete, StableGate makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by StableGate’s representatives, StableGate shall not be bound thereby.

StableGate disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website/In store and/or any content therein unless otherwise provided by law.

Although Goods sold from the Store or the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

Any views or statements made or expressed on the Website are not necessarily the views of StableGate, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, StableGate also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of StableGate, its employees, agents or authorised representatives. StableGate thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Limitation of liability

StableGate cannot be held liable for any inaccurate information published on the Website or in Store and/or any incorrect prices displayed, save where such liability arises from the gross negligence or wilful misconduct of StableGate, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our contact us page, so that we may remedy these occurrences as soon as possible.

StableGate SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

YOU HEREBY INDEMNIFY STABLEGATE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE/ STORE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

Availability and termination

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

StableGate may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that StableGate will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

StableGate is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by StableGate to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and StableGate, in whole or in part, on notice to you. StableGate shall only be liable to refund monies already paid by you (see StableGate’s Returns Policy in this regard) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

At any time, you can choose to stop using the Website, with or without notice to StableGate

Governing law and jurisdiction 

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and StableGate, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Notices

1. StableGate hereby selects The Cosmopolitan Lifestyle Centre, 15 fourteenth Avenue, Northmead Benoni 5101 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). StableGate may change this address from time to time by updating these Terms and Conditions.
2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving StableGate not less than 7 days’ notice in writing.
3. Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent –
4. by hand will be deemed to have been received on the date of delivery;
5. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
6. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTIONto serve as proof that an email has been received.

Complaints 

 If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our contact us page on the Website or you can contact us on 0782011669.

Complaints or suggestions should be sent in writing.

General

StableGate may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Store or Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or StableGate to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

These Terms and Conditions contain the whole agreement between you and StableGate and no other warranty or undertaking is valid, unless contained in this document between the parties.