This page (together with the website sections referred to on it) tells the client (You) the terms and conditions on which DLT supply any of the Magazine Packs (Magazines) or the Extras and Accessories listed on our website www.dltmagazines.co.za (Our Site) to You. Please read these terms and conditions carefully before ordering any Magazines from Our Site. You should understand that by ordering any of our Magazines, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if You accept them. Please understand that if you refuse to accept these terms and conditions, You will not be able to order any Magazines from our site.
1. INFORMATION ABOUT US
1.1 www.dltmagazines.co.za is a site operated by DLT Media SA (Pty) Ltd (DLT).
DLT are registered in South Africa registration number 2006/005631/07 and with our registered office at: 114 Boeing Road East, Bedfordview ext 167, 2007 Johannesburg. Our VAT number is 4270227632.
2. SERVICE AVAILABILITY
Our Site is only intended for use by businesses with a delivery address in the South Africa. DLT are not able to accept online orders from businesses with a delivery address outside this area.
3. YOUR STATUS
By placing an order through Our Site, You warrant that:
(a) You are legally capable of entering into binding contracts on behalf of your business;
(b) You are at least 18 years old;
(c) You are resident in South Africa; and
(d) You are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Please see the How to Order section of Our Site for information on how to place, check and make an order. All orders that You place on Our Site will be subject to acceptance in accordance with these terms and conditions.
4.2 After placing an order, You will receive an e-mail or a letter from us acknowledging that DLT have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and DLT will confirm such acceptance to You by sending you an email or a letter to confirm acceptance of your order (the Acceptance Confirmation). The contract between us (Contract) will only be formed when DLT send you the Acceptance Confirmation.
4.3 The Contract will relate only to those Magazines DLT have confirmed in the Acceptance Confirmation.
4.4 DLT do not file details of the terms and conditions with your order for You to subsequently access direct on Our Site, therefore please print out these terms and conditions and the Acceptance Confirmation for your own records.
5. GOODS AND SERVICES PROVIDED
5.1 Back-Issue Magazine Packs: This DLT Magazine pack contains 15 back-issue magazines. Magazines are chosen by DLT, at its sole discretion, to suit thecustomers' business type and the customer may select from 3 different packs tosuit the customers' business type. DLT reserves the right to add new titles orwithdraw titles from the selection from time to time and without prior noticeto the customer. The magazines displayed on the DLT brochure are forillustration only and the customer shall receive only those magazines witch DLT considers suitable for the customers' business type.
5.2 Pre-Selected Magazine Pack: The Pre-Selected Magazine Packs comprise of a pre-set amount and type of magazines depending on which pack you select (10, 15, 20 packs are available). Magazines are selected by DLT to suit your business type. From time to time DLT reserve the right to add new titles and withdraw existing titles without prior notice to You.
5.3 Custom Packs: DLT Customs Packs provide You with the opportunity to select your specific magazine subscriptions from a pool of available titles up to a quantity of 8, 12, 18, 24 magazines. Magazines selected by You are ordered as subscriptions sold through DLT and accordingly your subscription is with DLT rather than the magazine publisher. Magazines selected by you will be strictly supplied as per the print frequency of the publisher. Should a title/titles cease to publish or discontinue their supply to DLT Media, you will be offered a replacement title/titles in its place.
5.4 DLT do not supply cover mounts or free gifts that may accompany magazines from time to time. At your request DLT will pass your details onto the publisher who at their discretion may forward any such items to You.
5.5 DLT also supply Magazine Supplements, Magazine Protectors & Magazine Racks (Extras and Accessories).
6. PRICE AND PAYMENT
6.1 The price of any Magazines will be as quoted on Our Site from time to time, except in cases of obvious error.
6.2 Payment may be made in advance by Credit Card or by Debit Order.
6.3 All prices quoted are exclusive of VAT & Delivery unless otherwise specified.
6.4 DLT retain the right to withhold delivery of Magazines should any payment or portion of payment thereof outstanding not be received.
6.5 Prices are liable to change at any time, but changes will not affect orders in respect of which DLT have already sent You an Acceptance Confirmation. If our prices do change DLT will confirm the new price to You in writing.
6.6 Our Site contains a large number of Magazines and despite our best efforts it is possible that some of the Magazines listed on Our Site may be incorrectly priced. If this happens DLT will notify You accordingly within a reasonable time. Where a Magazine’s correct price is less than our stated price, DLT will charge the lower amount when dispatching the Magazines to You. If a Magazine’s correct price is higher than the price stated on Our Site, DLT will normally, at our discretion, either contact You for instructions before dispatching the Magazines, or reject your order and notify You of such rejection.
6.7 DLT are under no obligation to provide the Magazines to You at the incorrect (lower) price, even after DLT have sent you an Acceptance Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by You as a mis-pricing.
6.8 In the event of late payment, DLT reserve the right to charge interest on any outstanding sums. The parties hereto consent to the jurisdiction of the Magistrate’s court notwithstanding the fact that the claim may exceed the jurisdiction of the Magistrates Count in terms of Section 45 of Act 32 of 1944, as amended.
6.9 In the event of either party breaching any obligation under this agreement and the aggrieved party deeming it necessary to engage the services of a registered debt collector to recover any payments which may be due or payable, the infringing party shall be liable for:
6.9.1 Tracing agent fees (if required);
6.9.2 Fees, disbursements and expenses to which the debt collector is entitled in terms of the Debt Collectors Act;
6.9.3 Collection Commission in the amount of 10% on each installment paid to the debt collector or paid directly to the aggrieved party following handover of the matter to the debt collector, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
6.10 In the event of either party breaching any obligation under this agreement and the aggrieved party deeming it necessary to engage the services of an attorney to enforce his/her rights (including the right to receive payment), the infringing party shall be liable for:
6.10.1 Tracing agent fees (if required);
6.10.2 The attorney’s costs on an attorney and own client scale;
6.10.3 Collection Commission in the amount of 10% on each installment paid to the attorney or paid directly to the aggrieved party following handover of the matter to the attorney, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
6.11 The aggrieved party’s attorney or debt collector (as the case may be) shall on receiving a payment from the infringing party, have the right to allocate such payment firstly towards disbursements incurred by the attorney or debt collector, secondly towards fees to which the attorney or debt collector is legally entitled, thirdly towards interest due to the aggrieved party and finally towards the capital amount due to the aggrieved party.
7.1 VAT on all products and services DLT offer will be charged at the appropriate rate.
8. ANNUAL SUBSCRIPTION PERIOD
8.1 All subscriptions are on an annual basis. Certain magazines do not publish 12 times per year and You will not be eligible for a replacement title in any given month in which a magazine is not published. The subscription period will commence from the date of delivery of the first Magazine.
9.1 This contract constitutes a rolling agreement and in the absence of any express notice from You to terminate the contract in accordance with our cancellation policy below, the contract will self-renew for an additional 12 month period subject to the same terms and conditions.
9.2 DLT reserve the right to reasonably amend the terms and conditions of this contract with particular reference to any increases in the price and delivery price of goods, and will endeavor to provide You with a minimum of 6 weeks notice of their intention to do so.
9.3 Prior to the renewal date and in accordance with the cancellation policy below, subscribers are welcome to cancel their subscription or switch to one of the alternative DLT magazine subscription services on offer.
10.1 Once delivery of your first Magazine has been made, no refunds will be given for total or part cancellation of the subscription by You. The subscription renewal for a further 12 month agreement will be sent to the customer 2 months before expiration of the customer’s existing subscription. In the event that the customer does not wish to renew its subscription, the customer is required to provide written notification of its intention not to renew to DLT, failing which the subscription will automatically be renewed for a further twelve months at full cost to the customer. This notification by the customer to DLT must be received by DLT prior to the end of the 2 month notification period or the subscription will automatically be deemed renewed.
10.2 You will remain liable for the cost of the remaining element of your Magazine subscription and undertake to pay DLT in respect of the cost of the outstanding subscription period and any costs incurred by DLT in recovering these monies.
10.3 You may not assign or sub-contract any of your rights or obligations under this contract to any third parties unless expressly agreed in writing by DLT.
11.1 The Magazines will be delivered to your business address by secure carrier.
11.2 Magazines damaged prior to delivery will be replaced free of charge however no liability can be accepted for goods damaged subsequent to delivery. Where a magazine title ordered is unavailable, at their sole discretion, DLT shall substitute this with a similar title.
11.3 Whilst every effort will be made to effect delivery in accordance with the time specified, the time for delivery shall not be of the essence of the agreement and DLT will not accept responsibility or be liable for any loss or damages occasioned by delay in delivery, howsoever caused.
11.4 Any concern relating to the delivery date, or general condition of the Magazines delivered must be notified to us within 7 days from the date on which the Magazines were or should have been delivered. Should any defects or discrepancies not be reported to us within this time, You will be deemed to have accepted the goods.
11.5 DLT must be notified of any changes of address at least 3 weeks in advance of delivery, in writing or by telephone, quoting the old and the new address. DLT will not be held responsible for any incorrect deliveries resulting from a failure to notify DLT of a change of address in the prescribed manner.
11.6 With the exception of weekends and Public Holidays, DLT must be notified of any periods of closure of your business or business premises, at least three weeks prior to the anticipated date. Where delivery of your Magazines is likely to coincide with this date and notice has been received, DLT will make arrangements for the temporary storage of the Magazines and an alternative delivery will be arranged for a mutually convenient time. Where no notice is received and DLT or our authorised agents are unable to successfully deliver the Magazines, any delivery charges incurred directly or indirectly by us will be payable by You.
12. RETENTION OF TITLE
12.1 You expressly agree that until You have paid in full for the Magazines comprised in this or any other agreement with DLT, the goods remain the property of DLT. Should outstanding payments for goods not be forthcoming, You undertake to pay all costs DLT incur in the collection of any such sums due, including legal costs.
13. VARIATION OF CONTRACT AND SUBSTITUTIONS
13.1 DLT reserve the right to change the titles within the Magazines from time to time and without notice to you.
14. OUR LIABILITY
14.1 DLT has no control over the publishers of the magazines offered and the publisher reserves the right to change the publication dates and frequency of a title without notice. Pre-select subscriber: Magazines are selected by DLT to suit your business type. From time to time DLT reserve the right to add new titles and withdraw existing titles without prior notice to You. Custom Subscribers: Magazines selected will be strictly supplied as per the print frequency of the publisher. Should a title/titles cease to publish or discontinue their supply to DLT Media, You will be offered a replacement title/titles in its place.
14.2 In the event that a magazine title is terminated, subscribers to DLT Custom Packs will be given the opportunity to select a replacement magazine in accordance with these terms and conditions. Subscribers to the DLT Pre-Selected Packs will have a replacement title chosen for them by DLT.
14.3 DLT shall not be liable to You or be deemed in breach of this agreement by reason of any delay in performing, or any failure to perform any of DLT’s obligations under this Contract, if the delay or failure was due to any cause beyond DLT’s reasonable control. This may include any act of god; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by You; failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the agreement.
14.4 In the event that the Magazines prove to be defective for any reason, including negligence, DLT’s liability (if any) shall be limited to the rectification of the defect. Where DLT rectify defective Magazines under this term You shall not be entitled to any further claim in respect of the Magazines delivered nor shall You be entitled to treat delivery thereof as a ground for repudiating the agreement, failing to pay for the Magazines or cancelling further deliveries.
14.5 DLT shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this contract or any further agreement, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by DLT’s negligence or negligence by DLT’s employees or agents or otherwise) which arise out of or in connection with the supply of the Magazines.
14.6 DLT reserve the right to refuse to enter an agreement with any business, without providing reasons for this refusal.
14.7 DLT’s aggregate liability in connection with this contract or any further agreement (whether in contract, tort or otherwise) for loss or damage shall not exceed the price of the subscription in respect of one incident or a series of incidents, except as expressly provided in these Terms.
15. CONFIDENTIALITY, DATA PROTECTION AND INDEMNIFICATION
15.1 DLT undertake to You that DLT shall use all reasonable endeavors to prevent its employees and contractors divulging or communicating to any person, except as may be required by law or any other legal or regulatory authority, any confidential information about You which may come to DLT’s knowledge.
15.2 DLT are committed to protecting Your privacy. DLT will take all reasonable precautions to keep the information You provide it with, secure and only use the information to provide the Services and Goods lawfully.
15.3 You agree to indemnify and hold DLT Media harmless from any claim, demand, or damage due to or arising out of your subscription or conduct on the Site and any data loss that may occur for any reason what so ever.
16. INTELLECTUAL PROPERTY
16.1 DLT Media and , DLT Magazines are registered trademarks and all intellectual property rights, including but not limited to copyright, trademarks and trade names are owned solely by DLT Media SA (Pty) Limited. The use of any of these names without DLT’s express permission, is strictly prohibited.
17. WRITTEN COMMUNICATIONS
17.1 Applicable laws require that some of the information or communications DLT send to You should be in writing. When using Our Site, You accept that communication with us will be mainly electronic. DLT will contact you by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that DLT provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18.1 All notices given by You to us must be given to DLT Media SA (Pty) Ltd at Private Bag X02, Fourways North, 2086 OR firstname.lastname@example.org. DLT may give notice to You at the e-mail address, postal address or physical address which you provide to us when placing an order, or in any of the ways specified in clause 17 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18.2 You select the physical address which you provide to us when placing an order as your domicilium citandi et executandi and You specifically agree that the physical address may be used by DLT to serve all documents of whatsoever nature, including, but not limited to legal notices and legal process.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
19.1 The Contract is binding on You and DLT and on our respective successors and assigns.
19.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
19.3 DLT may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
20.1 If DLT fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if DLT fail to exercise any of the rights or remedies to which DLT are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
20.2 A waiver by DLT of any default shall not constitute a waiver of any subsequent default.
20.3 No waiver by DLT of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 18.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. ENTIRE AGREEMENT
22.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
22.2 DLT and You each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
22.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
23.1 DLT have the right to revise and amend these terms and conditions from time to time.
23.2 You will be subject to the policies and terms and conditions in force at the time that you order Magazines from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if DLT notify You of the change to those policies or these terms and conditions before DLT send You the Acceptance Confirmation (in which case DLT have the right to assume that You have accepted the change to the terms and conditions, unless You notify us to the contrary within seven working days of receipt of the Magazines).
24. LAW & JURISDICTION
24.1 These Terms & Conditions are subject to South African Law and You consent to the exclusive jurisdiction of the South African courts in all matters regarding this contract or any further agreement.