In order to ensure that you our users have a safe and pleasant experience with us, it is important that you read and understand these Terms and Conditions. As you are bound by law to be aware of and to adhere to these Terms and Conditions when you access this website, buy from us or make use of any of the services offered by Battle Wagon.
These terms represent an agreement between you, the person or entity accessing or using our website (www.battlewagon.co.za), and making use of our services via this website. Throughout these Terms and Conditions “Battle Wagon” refers to its owner, employees and affiliates. Also, throughout these Terms and Conditions the word “website” shall refer to the above mentioned Battle Wagon website. This agreement between you and Battle Wagon shall from here on out be referred to as the Terms and Conditions. By accessing the website and/or making use of any of the services offered, you are deemed to have agreed to these Terms and Conditions.
Any waiver of rights by you or Battle Wagon in terms of these Terms and conditions must be in writing to be effective. No failure or delay on the part of Battle Wagon in exercising any right under these Terms and conditions will be seen as a waiver of that right.
These Terms and Conditions do not constitute an agreement of employment, partnership, joint venture or agency between Battle Wagon and Yourself. Neither you nor Battle Wagon has the power to make a contract in the name of the other or to grant or pledge credit, incur liability or employ any person on behalf of the other.
You may not cede or delegate any rights or obligations in terms of these Terms and Conditions without the prior written consent of Battle Wagon.
Any amendment to these Terms and Conditions must be in writing and signed by you and Battle Wagon.
Battle Wagon has the right to alter these Terms and Conditions at any time at their own discretion without having to inform its users, and it is your obligation to check the Terms and Conditions in force at the time of your use of our website and services and you agree to be bound by the Terms and Conditions in force at that time.
Any notice given by either you or Battle Wagon in terms of these Terms and Conditions must be in writing and delivered by personal delivery, express courier, confirmed facsimile or registered post. Any such notice will be deemed given upon personal delivery, two days after dispatch by express courier, upon confirmation of receipt of facsimile or seven days after dispatch by registered post. Notices will be sent to you at the designated address provided by you on the Website. Notices sent to Battle Wagon must be sent to info@battlewagon.co.za. You and Battle Wagon may change address or facsimile number for purposes of these Terms and Conditions by giving the other written notice of its new address or facsimile number.
Battle Wagon may at any time change any/all of their details, banking details, addresses, contact numbers and email addresses at their own discretion at any time without prior permission from its users. You agree to check and ensure that you are utilising the correct details every time you access the website, or make use of any of our services.
If any provision of these Terms and Conditions is or at any time becomes invalid, illegal or unenforceable, then that specific provision shall be separated from the other provisions of these Terms and Conditions and the other provisions of these Terms and Conditions shall continue to be of full force and effect.
If any dispute or legal proceedings should arise in connection with any matters related to these Terms and Conditions, any services offered via this website or any if the products, you and Battle Wagon consent to the jurisdiction of the Magistrate’s Court having territorial jurisdiction, notwithstanding that such dispute or proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the court pursuant to Section 45 of the Magistrate’s Court Act, 1944, provided, nevertheless, that you and Battle Wagon shall have the right to institute proceedings in any other competent court.
These Terms and Conditions are the sole record of the agreement between you and Battle Wagon and contain all of the provisions governing the relationship between you and Battle Wagon, in relation to the access of the Website or use of Services via the Website or on a personal basis.
SOUTH AFRICAN GOVERNING LAW
These Terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of laws.
STATEMENT OF PRIVACY
Battle Wagon respects your right to privacy at all times. As such we shall not divulge to any third party any information obtained from you and your use of our websites or services to the extent that such information is not already in the public domain, unless required to do so by law.
Battle Wagon reserve the right to release to third parties, in aggregate format, data pertaining to your use of any of the Battle Wagon Services, and website, provided that such data is released as statistical totals and does not contain any personal or sensitive information which specifically identifies a particular user of our website. Battle Wagon also reserves this right in order to give any potential advertisers and other third parties statistical information regarding the number of users of our website, their age and gender profiles and their frequency of using the services, and website.
You should also be aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies”. “Cookies” are small text files a website can use to recognize repeat users and facilitate the user’s ongoing access to the Website. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that you may not be able to purchase products or services via the Website if you disable the cookie feature.
Any Information provided by you when you create an account with us, make use of or enlist our services and/or place an order with us will be stored permanently to make the processing of any future orders or returns easier for all parties involved. The details that will be kept include: Customer Name, Email Address, Telephone Number, Physical Address, and any other details relating to the products or services you ordered (Name of product, quantity, price and serial numbers). Credit Card details, as other sensitive financial information will be stored.
USING THE WEBSITE
Disclaimers
Battle Wagon cannot be held responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributed, directly or indirectly to, but not limited to: Your reliance on or use of any information, suggestions, content or comments provided on or via the website or Battle Wagon Personnel; any e-mails sent from Battle Wagon personnel and the related website; any services provided by Battle Wagon including those provided via this Website; any viruses that may infect your computer or other property due to your access to or use of this website; the use of any/all content, data or information provided on/via the website and Battle Wagon personnel; any failure, delay or unavailability of the website, including any services offered via the website for any reason whatever; the failure or delay in supplying any of the services offered by Battle Wagon personnel via the website; and the breach of any of these Terms and Conditions by you.
As a result you agree to indemnify Battle Wagon, all its officers, members, employees, successors and assigns in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, but not limited to, any of the conditions mentioned above.
Content
While we at Battle Wagon make every effort to update the information provided on the Website on a regular basis, we make no guarantees or warranties, whether expressed, residual and/or implied in law, that the information contained and presented/ shown on this website is up to date, accurate, complete and reliable. Battle Wagon reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered via the websites.
Any/all of the opinions, information, data or content contained presented/shown on these websites are meant to be used for information purposes only, and are not offered or meant to be used as advice in any way. Battle Wagon makes no representations whatsoever as to the accuracy, completeness or reliability of any such opinions, information, data or content.
You acknowledge and agree that Battle Wagon has the right to check on and verify the identity of any person and/or persons, making use of these website, any/all services offered by and/or purchasing any Battle Wagon products via this website or e-mail and the validity of any details provided when signing up, as well as their credit worthiness and history.
Battle Wagon are entitled to withhold any order until it has verified the identity and details of the person signing up/placing the order. Battle Wagon is also entitled to withdraw/decline an order should they have any discrepancies with the identity and/or any details that have been provided or discovered by the user/users.
You agree not to use any false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin and worthiness of a credit card or your personal details, or attempt to do any such acts.
You acknowledge and agree that Battle Wagon shall be entitled to check on and ensure that any communication sent to it by way of the Internet that comes from you is authentic. You agree that all instructions, orders, consents, commitments and any other communications sent to Battle Wagon from you, which may for any reason whatsoever be different from the details actually sent or given, or may not have been given by you at all, will be deemed to have been given and agreed to by you in the way it was actually received by Battle Wagon and you will be bound by such details with no liability of whatever nature attaching to Battle Wagon or any of its affiliates or employees.
You waiver any rights you may have or obtain against Battle Wagon arising directly or indirectly from any loss or damage of any nature which you may suffer as a result of Battle Wagon acting on instructions received or assumed to have been sent by you. You agree to and hereby indemnify Battle Wagon against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by you, as a result of the fact that Battle Wagon has acted on instructions sent by you, or assumed to have been sent by you.
External Links
Any external links that are/ may be provided by Battle Wagon for your convenience, do not represent any views or opinions of Battle Wagon, their employees or affiliates in any way and are beyond the control of Battle Wagon. As such you agree that when you make use of these external links and any opinions and information expressed on that site, that you do so at your own risk and cannot hold Battle Wagon or any of its affiliates or employees responsible. Once you click on the external link you are bound by the Terms and Conditions enforced by that site.
System Availability
Battle Wagon cannot guarantee that the websites will be available each and every time you attempt to access it or use any of the services made available to you, and reserves the right to suspend the operation of the Battle Wagon website at any time and for any reason whatsoever.
Warranties
You agree to be financially responsible at all times for your use of this website (as well as for any and every use of your account by others, including without limitation any person under the age of eighteen years).
Children
Persons under the age of 18 years may only make use the services offered by Battle Wagon via the website under the supervision of a parent or guardian. If you are of sufficient legal age to use the services offered via our websites, you agree to supervise anyone under the age of 18 years, that makes use of the Battle Wagon website and the services offered via this website under your name of account, and you will be bound by any legal and monetary obligations and liabilities that you may incur as a result of such use of our website and services.
If you are under 18 years of age, you may purchase Battle Wagon services only with the supervision of your parent or guardian. If you represent that you are of a sufficient age to legally purchase Battle Wagon products via our website you will be bound by these Terms and Conditions, as well as, any legal obligations that you may incur as a result.
You hereby warrant and guarantee that every instruction and all information provided by you to Battle Wagon shall be accurate, true and complete.
Battle Wagon makes no guarantees, warranties, representations, statements (whether expressed, implied in law or residual) whatsoever regarding the website, or any services provided via this Website or the suitability of any of the services for any particular purpose.
Due to the fact that Battle Wagon provide certain services to you via the Internet, Battle Wagon make no guarantees, nor give any warranties of any nature as to the availability of any communications network or systems of any third party on whom you or Battle Wagon rely on to provide any of the services.
By entering your details or details that purport to be yours and by submitting those details, you represent that you have the required authority to enter into and accept these Terms and Conditions.
Purchase of Services and products
You agree, understand and accept that Battle Wagon makes no warranties, representations, statements or guarantees, whether express, residual or implied, as to any of the Battle Wagon services, including but not limited to the implied warranties of merchantability or fitness of these services for a/any particular purpose.
When you enter your personal details on this website, you are deemed to be bound by the Terms and Conditions in force at the time and especially by these Terms and Conditions that relate directly to the purchase of any The Battle Wagon services. You may not make use of, or purchase any Battle Wagon services via this website should you not wish to be bound by these Terms and Conditions.
Please note that Battle Wagon reserves the right to perform any credit-worthiness checks on you or any potential client, group or company, should we choose to do so. If Battle Wagon finds or decides that you or any potential client, group or company are not sufficiently credit worthy, Battle Wagon may either decline the order or require full payment of the Purchase Price or demand any other assurance from you before the services are performed, or ordered.
While Battle Wagon makes every effort to ensure that the content of these website is accurate, Battle Wagon makes no warranties, representations, statements or guarantees, whether expressed, residual or implied, as to the accuracy, completeness, timeliness, reliability, content or availability of any information provided on the website.
You agree that Battle Wagon shall not be liable, under any circumstances, for any loss, liability, expense or damage, (whether direct, special, indirect, incidental or consequential) that may arise as a result or in connection with the purchase, use or supply of any of the services or the use or reliance upon any information that has and will be provided on this website.
Any Battle Wagon services that you purchase or make use of and that Battle Wagon sells to you are those that you have chosen by clicking on the ’Book Now’ link. This includes those services that you have requested via e-mail, contacted us personally about and signed on for.
The South African Rand is (for the time being) the preferred currency used by Battle Wagon in the purchase of all our services. The total amount due by you to Battle Wagon will be indicated under the heading “Total”.
You may choose to pay the purchase prices, and/or any other cost incurred by you for any reason whatsoever through one of the following methods: EFT, PayFast (Credit Cards), direct deposit or Cash.
We do not accept cheques and Postal Orders.
You agree that the payment of the total Purchase Price must be made in full before the services you have ordered are delivered to you. As such you agree that Battle Wagon reserves the right to not release or deliver any/all services requested until it has received full payment of the Purchase Price.
You agree that although Battle Wagon endeavors to prevent such errors, Battle Wagon takes no responsibility for products incorrectly advertised online or on social media by us or anyone else sharing said information, whether in the name or description of that item or the availability of any items in store or on our website (www.battlewagon.co.za). If however the product purchased is not as expected we will endeavor to resolve the error via refund or credit once the incorrect item or items are returned to us at our cost.
Refunds during lockdown (All levels)
Please note that refunds during the lock-down period will only be processed if after the lock-down period is over we cannot supply the products ordered or receive them from our suppliers.
General policy on refunds.
Please note that refunds will only be made if we cannot secure the stock required. This does not include delays to arrival due to shipping and production delays at our suppliers.
Cancelation of orders.
Battle Wagon reserves the right to cancel any orders at its discretion at any time with or without notice. If an order is cancelled and was paid for the option of credit or refund would be given to the customer.
Cancelation of Preorders
Please note that all preorders are final and cannot be cancelled unless we are unable to secure the item, as we place these on order with the supplier. Delays on release or arrival does not apply to this.
Please note that allocations of stock can occur from the supplier that effect the amount of items we receive. If do not receive all the amounts that you preordered you will be refunded if the items that were paid for.
Cancelation of backorders.
Please note that all backorders are final and cannot be cancelled unless we are unable to secure the item, as we place these on order with the supplier. Delays on release or arrival does not apply to this.
Some items on our website will show that they are available on backorder / on demand. This means that we do not have any stock of this item on our shelves at that particular time. But we can order these items from our supplier.
The reason for this can be due to the item not being something we would generally stock as the supplier catalogs are quite large or the item just being currently our of stock with us.
The backorder / On demand order process works as follows.
You place an order for the item on our website. We add the item to our weekly order list from our supplier. We then wait 1 to 3 weeks for them to process and ship our order to us (The time depends on where we need to source the item from). We then process all the backorders and ship them out within 1 day of receiving them.
Backorders for boardgames, trading card games, tcg accessories, dungeons and dragons generally have a 2-3 week turn around time. This can however take longer if the item is not immediately available.
If there is a problem with us getting the item for any reason you will be contacted as soon as possible.
International backorders: (Warhammer & Infinity)
Due to the items coming from the UK, Spain and shipping times, orders can have a longer processing time than other backorders and can take 2-5 weeks to arrive. This can however take longer, you will be contacted if there is an extended delay. You can also email us for an update.
Sometimes our supplier is temporarily out of stock on an item. This usually occurs when they have an item marked as available to order. If it happens that an item is unavailable for 3 orders in a row, we will contact you regarding an item swap or credit coupon to replace the item that we cannot get.
If there is an item that you want and it shows available on backorder, the safest option is to order it. This ensures that we order an extra one for you. The Games workshop & Infinity catalog is very large and it is not feasible for us to stock all items as some simply are low demand.
If you place an order that contains preorder items from the Games Workshop category, these orders will also be marked as Warhammer Backorder on the order status. This is nothing to worry about, and is just done to make admin on our side easier.
We will typically do not provide constant updates during the wait time for backorder items unless there is a specific problem with the order. Usually we would send updates for the following reasons: We have received the item, in which case it will ship and we will provide the tracking number. Or approximately 6 weeks after the order was placed, we will update you that we have not received it, and we will then contact you regarding a replacement/credit.
Please contact us via email info.battlewagon.co.za if you have any queries with regards to a backorder. Please note that exact arrival dates for these items are not always possible and are rough estimates.
Also note that as per our T&C’s accepted on checkout, refunds will only be made if we cannot secure the stock required. This does not include delays to arrival due to shipping and production delays at our suppliers.
Gift Cards.
Gift cards re non refundable and cannot be exchanged for cash. All gift cards are valid for one year from purchase.
Indemnity
You indemnify Battle Wagon, its officers, members, employees, successors and assigns from any liability, loss or damage (whether direct, special, indirect, incidental or consequential) resulting from any claim, complaint, dispute, proceeding or cause of action against any of them related to the Services, including without limitation their purchase, delivery, late delivery, non-delivery, or use.
Should you not fully pay the Purchase Price for the services you have requested, you agree to be held liable for all collection costs incurred by Battle Wagon including, but not limited to, all reasonable attorney and collection agency fees.
Any conduct by you, or any other persons, group or company that in any way restricts or inhibits any other user from using or enjoying this website will not be permitted.
You also agree to properly consider and respect the rights, privacy and dignity of others and are prohibited from discussing any topic that is, or would under any circumstance be seen to be questionable, objectionable or inflammatory to others. These include, but are not in any way limited to topics such as politics and religion.
Battle Wagon reserves the right to at any time and at our own discretion ban, edit or refrain from posting any comments made by our users.
GENERAL
Trademarks
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Battle Wagon website is for your personal and non-commercial use only. The trademarks, names, logos and service marks that pertain to Battle Wagon displayed on this website is registered and unregistered Trademarks of Battle Wagon. Consequently, all copyrights and intellectual property rights in all the materials made available through our websites are owned by Battle Wagon respectively, who is the lawful user thereof and is protected by both South African and international intellectual property laws. Nothing contained on our website must/can be seen and considered as granting any permission, license or right to use any of the Trademarks without the prior written permission and consent of Battle Wagon and its affiliates. As such any unauthorized copying, reproduction, re-transmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights. Other trademarks, names, logos and service marks used are the property of their respective owners.
You agree that the designs of any and all posters, fliers, pamphlets, websites, adverts, logos and anything of this nature made, created and distributed by Battle Wagon, as well as the posters, fliers, pamphlets, websites, adverts and logos themselves are copyrighted and trademarked and belong solely to Battle Wagon. They may not under any circumstances or by anyone, group or company be duplicated in any way for your/their own personal use or any other use whatsoever.