Terms & Conditions
We know, booooor-ing! But we have to cover you and ourselves in case of the unexpected, so here is where the fine-print legal stuff is found, just to make sure we’re all on the same page. Who knows, you might find it entertaining, if you’re terminally bored.
We’ll be fair and ethical, you be fair and ethical and everyone will be happy.
Longer version (if you have time on your hands!):
- Getting the “us and you” straight
- This website is found at http://elgeckopublishing.co.za (the “Website”) and is owned and operated by The El Gecko Trust (“El Gecko”, “El Gecko Publishing”, “we”, “us” and “our”).
- These Terms & Conditions are binding and enforceable against everyone who accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website or by clicking on the “Register Account” button on the Website, you acknowledge that you have read and agree unconditionally to be bound by these Terms and Conditions. Don’t use this Website if you don’t agree to the Ts & Cs.
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (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 El Gecko or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify El Gecko 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 El Gecko 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, as the case may be, created for either you or El Gecko in terms of the CPA.
- Registration and use of the website
- Only registered users may order Goods on the Website.
- 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.
- 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 El Gecko, we 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 placing an order, El Gecko will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- Payment can be made for Goods via -
- Pay Fast; (including credit card payments)
- direct bank deposit or electronic funds transfer: El Gecko will not accept your order if payment has not been received
- You may contact us via email at email@example.com to obtain a full record of your payment. We will also send you email communications about your order and payment.
- Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
- Delivery of goods
- We offer two methods of delivery of Goods to you.
- Courier (Aramex to main centres in South Africa, Post Net to smaller places or overseas.)
- Post Office (Please note that, although this is the most cost effective option, the South African Post Office has a particularly bad reputation for reliability, so this option is entirely at your own risk).
- Once we accept your order, we’ll 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 notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- We make all reasonable effort to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website, 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.
- El Gecko shall not be bound by any incorrect information regarding our products displayed on any third party websites.
- Returns and Refunds
Thanks for shopping at El Gecko Publishing. We’d like you to be happy with any products you purchase from us. So if you’re not entirely satisfied with your purchase, we're here to help.All goods are dispatched, in good condition, at the buyer’s risk. We aren’t liable for damage done in transit. Our courier does insure all parcels to a value of R1000 for damages done in transit, or loss of goods.
- Returns: Please notify us by e-mail, at firstname.lastname@example.org, within 14 days of dispatch, if any item (excluding PDF downloads; there are no returns or refunds on e-books) purchased from the El Gecko Publishing website, is:
- incorrectly supplied,
- faulty (missing pages, miss-bound or miss-printed)
- or damaged
Please include details, and photographic proof, of the problem. Depending on the value of the item, it may not be worth the expense of shipping it back, so please wait until we respond to your e-mail, before doing so, and we will let you know whether this is necessary.
If the item was incorrectly supplied, faulty or damaged, we will do our best to exchange it for the correct one, depending on the availability of the product, and will cover the cost of shipping the replacement to you.
If not available, we will refund your money, including the shipping cost, as soon as we have verified that everything is in order.
If the goods are returned for any other reason, you have 7 calendar days to return an item, from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. In this case, you will be responsible for paying for your own shipping costs for returning your item.
Once we receive your item, we’ll inspect it and let you know the status of your refund. If your return is approved, we’ll initiate a refund to your credit card (or original method of payment.) Shipping costs are non-refundable, so if you receive a refund, the cost of return shipping will be deducted from it. Contact us if you have any questions on how to return your item to us.
Physical and postal return address is:
13 Richmond Park
Please note that no interest will be paid on any owed amounts.
Refunds will be effected using the same payment method initially used by the customer.
For all Direct Deposit payments please email us your following deposit details:
- Name of the account holder
- Bank name
- Branch name
- Branch code and
- Bank account number
If you paid by credit card the money will be paid back to your credit card account.
You will be notified once the refund has been paid via email.
Once you purchase an eBook, and receive the download link for the PDF, no refunds are given.
Should you experience any problems in using the link to access the eBook, in opening or reading the eBook itself, or if the eBook is defective in some other way (missing pages, incorrect book, etc), please notify us by e-mail via email@example.com, so that we can help you to resolve the problem.
- Our Ebooks are in PDF format.
- You’ll need to be connected to the internet when you download an eBook and open it for the first time.It should go straight to your downloads folder. To make future access easier, you can create a folder in a convenient place and save the file there. On subsequent openings of the eBook, you will not need to be connected to the internet, provided you are opening the eBook from the device on which you saved it.
- Ordering eBooks: When ordering an eBook from us, you will be ordering the right to download such eBook and delivery will take place electronically via the internet as described below.
Delivery of eBooks:
- Upon receipt of payment, we manually process orders, and will send a Link for the relevant eBook to your e-mail address. Depending on circumstances, this may take a few days, if we are out of town or out of wi-fi range at the time. As such, El Gecko does not hereby undertake to make delivery within any specific time frame. However, as a guide only, we try to fulfil orders within 5 working days. You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTION:
- So as to reduce the risk of fraud, eBook publishers limit the number of times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click so as to prevent fraud;
- We do not charge any delivery fees for electronic delivery of the relevant eBook link, however, you may incur costs (eg internet service provider fees) associated with downloading the eBook, and we will not under any circumstances be liable for any such costs incurred by you.
- If you have any problems relating to the functionality of your Link, please e-mail us on firstname.lastname@example.org so that we can help to resolve the problem.
- Illegal use of eBooks:
- All eBooks are the exclusive property of the publisher and are protected by copyright and other intellectual property laws. The download of eBooks is intended for your personal and non-commercial use. Any other use of eBooks purchased from us is strictly prohibited.
- You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of eBooks, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ eBooks to any other person. You may also not do anything which otherwise contravenes any licence conditions imposed by the publisher, as described on the relevant eBook’s product detail page. These aforementioned prohibitions are hereinafter referred to as “Illegal Activities”.
- By downloading any eBook, you hereby acknowledge and agree to these Terms and Conditions. You hereby undertake that you shall not do nor try to do any of the Illegal Activities.
- Changes to these Terms and Conditions
- El Gecko 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.
The use of the 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.
- 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.
- El Gecko hereby selects 13, Richmond Park, Richmond Hill, Port Elizabeth 6001 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”).
- 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 El Gecko not less than 7 days’ notice in writing.
- These Terms and Conditions contain the whole agreement between you and El Gecko and no other warranty or undertaking is valid, unless contained in this document between the parties.
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