Terms and Conditions

Ownership

Mammoth Online Retail and Trading with registration number CK2007/235352/23 and VAT number 4470246796 is incorporated in South Africa and trades as “Mammoth”. For the sake of convenience the name “Mammoth” will henceforth be used.

Copyright

Copyright 2007-2011 © Mammoth, Cape Town Ship Suppliers Building, Cnr. Natal and Calcutta Streets, Calcutta Street Entrance, Paarden Eiland, 7405, Cape Town, South Africa. All rights that are not expressly granted are deemed reserved. To obtain permissions for the commercial use of any content you are required to contact us in order to proceed.

Intellectual Property

All the content, trademarks and data on Mammoth (http://www.mammoth.co.za), including but not limited to, software, databases, text, graphics, videos, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Mammoth and as such are protected from infringement by local and international legislation and treaties.

Pricing and Product Information

Every effort is made to ensure the accuracy of pricing and product information. Instances may arise in which a product(s) are priced incorrectly on the website or where the product information supplied is inaccurate. Mammoth 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 occurence of periodic supplier price increases, Mammoth 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 Mammoth 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). Mammoth will not be held responsible for errors in the product information supplied, however, should a customer purchase a product that has been incorrectly described, the customer may elect to cancel the sale and return the product for a refund.

VAT (Value Added Tax)

VAT is charged at 14%. All prices listed on Mammoth 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.

Deliveries

All deliveries within the borders of the Republic of South Africa are done so under Mammoth’s shipping policy. In terms of this policy Mammoth undertakes liability for the risks associated with shipping orders within South Africa only until the order is signed for by the customer.

As a customer, you are fully insured against such risks at no cost to you. Whilst every effort is made to provide accurate estimates for delivery times, Mammoth is not liable for any delays in delivery that occur as a result of our preferred courier partners scheduling. The delivery times indicated on the website http://www.mammoth.co.za are approximate delivery times and variances in such times may occur. Mammoth will make every effort to contact a customer where delivery of an order exceeds the approximate delivery time.

Returns

Mammoth allows for returns in accordance with the provisions of section 20(2)(a) to (d) of the Consumer Protection Act 68 of 2008.

In addition to this Mammoth allows for the return of any purchase, except for technical climbing/work at height equipment and “special order items” (see below) and within 5 calendar days, reckoned from the date of receipt of goods.

Return of unwanted stock within the period of 5 calendar days is subject to the following conditions:

• That the product is in its original packaging and includes all accessories, manuals software etc.
• That the General Manager deems the product to be undamaged and in the same condition in which it was originally shipped
• The return is done so at the expense and risk of the customer

In order to request to return a purchase Mammoth must be contacted on 0861 000 370 or sales@mammoth.co.za.

Mammoth reserves the right to charge a reasonable fee for returned stock in instances where the packaging has been opened and/or the stock has been used.

Warranty and Repairs

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 Mammoth. Mammoth will facilitate the repair or replacement and then ship the product back to the customer, bearing all risks and costs. Mammoth is not obliged to repair products that are damaged accidentally, however, Mammoth 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 Mammoth has business dealings.

Mammoth will assist you in the facilitation of a repair in respect of equipment that is not within the manufacturer warranty period and that has not been purchased from us.

Stock Availability / Order Cancellations

Stock of all goods on offer are limited. Mammoth 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, Mammoth shall only be liable to refund monies where it is unable to fulfil orders at advertised prices. Where goods are advertised as having an estimated delivery time, or are on backorder, Mammoth is not responsible for delays on these estimates. These estimates are merely guidelines and may shift with stock availability and supplier scheduling.

Special Order Items

Products that are marked as “Special Order” either on http://www.mammoth.co.za, or on a quotation, are items that cannot be returned. In purchasing these items the customer recognises that the product has been marked as a “Special Order” item and accepts that it may not be returned. This, however, in no way affects the warranty on the product.

Privacy Policy

Mammoth abides by a strict privacy and confidentiality policy. No credit card information is stored on our – it is processed securely via MyGate, 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:

• To contact you with special offers from time-to-time
• To advise you of new products, supplier offers, instruction courses, upgrades, and other benefits which directly address your own areas of interest, hobbies, pastimes
• To bring you exclusive information about special, discounts, close-outs, sale items, and similar offers
• 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, Mammoth reserves the right to request ID documents, credit card billing statements and photocopies of any credit card used to make purchases on Mammoth. Mammoth 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:

• The exact amount must be paid
• 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

Note: Mammoth accepts cheques only in exceptional circumstances. All cheque deposits are subject to a clearing period. Mammoth will only issue refunds as per the method of payment originally utilized by the customer.

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. Refunds will be processed within 3 working days.

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 sales@mammoth.co.za. If a refund forms part of a return, then the terms applicable to returns apply as well.

Governing Law

Mammoth 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: Mammoth (www.mammoth.co.za)
• Main business: Online Retailer of outdoor gear, apparel and work at height equipment
• Address for receipt of legal service: Cape Town Ship Suppliers Building, Cnr. Natal and Calcutta Streets, Calcutta Street Entrance, Paarden Eiland, 7405, Cape Town, South Africa
• Office bearers: Andrew Misplon, Walther Meyer
• Webmaster: sales@mammoth.co.za
• Website: http://www.mammoth.co.za
• Official email address: sales@mammoth.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

Disclaimer

Notwithstanding provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Mammoth 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, Mammoth 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 Mammoth 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.

For a copy of the Consumer Protection Act, click here.