TERMS AND CONDITIONS OF USE

OVERVIEW

We are Gun Scope SA (Pty) Ltd (“company”, “we”, “us” or “our”), a company registered in South Africa with registration number 2020/795962/07.

Gun Scope SA (Pty) Ltd is a business in the e-commerce industry that offers outdoor goods and related products for sale. This excludes the sale of firearms as well as prohibited firearm parts, ammunition or other controlled items or parts such as primers, propellent and black powder as defined in the Firearms Control Act or other relevant legislation.

We operate the website www.gunscopesa.com (the “website”), as well as any other related products and services that refer or link to this website or these Terms and Conditions (the “Terms and Conditions”).

We offer this website and all related information, products or services to you, the user (“you”, “user”, “your”) conditional to your acceptance of all of our Terms and Conditions, other policies and notices.

We take responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods, subject to our Terms and Conditions and other policies.

GENERAL

By visiting this website, by ordering and purchasing any goods from us or by engaging with us in any manner you engage in our “Services” and agree to be bound by the following terms and conditions (“terms”, “terms of service”, “Terms and Conditions”), including the terms and conditions contained in any of our other notices or policies. This Terms and Conditions apply to all users of this website including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms and Conditions constitute a legally binding agreement between you as user, whether personally or on behalf of an entity and Gun Scope SA (Pty) Ltd, concerning your access and use of our Services.

By accessing this website and our Services, you agree that you have read, understood and agreed to be bound by all of our Terms and Conditions. If you do not agree with all of our Terms and Conditions, then you are expressly prohibited from using our services and must discontinue use immediately.

Any update to our website or to our Services, including, without limitation, any new features or tools, shall be subject to our Terms and Conditions.

Supplemental Terms and Conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of our Services after the date such revised Terms and Conditions are posted.

Our Services are intended for users who are at least 18 (eighteen) years old. Persons under the age of 18 are not permitted to use or register for our Services.

By using our Services, you warrant that you are at least 18 years of age and that you have full legal capacity to accept our Terms and Conditions and to make use of our Services.

INTELLECTUAL PROPERTY

We are the owners of all content included in this website, such as text, images, photographs or other graphics, logos, audio clips, buttons, databases, software, source code, functionality and website designs (collectively. “the content”). Our content is protected by South African and international copyright laws.

USE OF THIS WEBSITE

You agree to use this website for lawful purposes only. If you are using this website from any location other than South Africa, you do so at your own initiative and you are responsible for compliance with any applicable local laws.

You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:

any content that is discriminatory on the grounds of race, gender, marital status or religion; or
any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any laws of South Africa; or
any content that constitutes an invasion of privacy; or
any content that is an infringement of any intellectual property right; or
any content that contains software viruses; or
any content that constitutes a political statement, commercial solicitation, or “Spam”.

Although we do not have any obligation to review any submitted content, we reserve the right to remove any content from our website at our sole discretion where we deem such content to be in contravention of this Terms and Conditions, or to be harmful in any way. We reserve the right to immediately suspend or terminate the user account of any user who post any content in contravention with our Terms and Conditions without any notice to such user.

By using our website, you warrant that:

you own or otherwise control the rights to any and all content you post on our website; and
the content you post will not cause any harm or injury to any person or entity.

By submitting or placing any reviews or content on our website (other than Personal Information), you automatically grant us and any of our affiliates royalty-free, perpetual, irrevocable right and licence to use, reproduce, copy or distribute such content in whole or in part and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content.

You hereby indemnify Gun Scope SA (Pty) Ltd and its affiliates, directors, employees and any other related party, against any claims of whatever nature resulting from any content placed or submitted on its website.

The following activities on or through our website is expressly forbidden:

Attempts to gain unauthorised access to our website, networks, data or related systems.
Systematic retrieval of data or other content from our Services to create or compile, directly or indirectly, a collection, compilation, database.
Defrauding, tricking, or misleading us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Disabling, circumventing, or otherwise interfering with security-related features of our website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of our Services or the content contained therein.
Disparaging, tarnishing, or otherwise harming, in our opinion, us or our website in any manner.
Using any information obtained from our Services in order to harass, abuse, or harm another person or entity.
Making improper use of our support services or submit false reports of abuse or misconduct.
Using our Services in a manner inconsistent with any applicable laws or regulations.
Engaging in unauthorised framing of or linking to our Services.
Uploading or transmitting (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website.
Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining techniques, robots, or similar data gathering and extraction tools.
Deleting the copyright or other proprietary rights notice from any content.
Attempting to impersonate another user or person or use the username of another user.
Uploading or transmitting (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
Interfering with, disrupting, or creating an undue burden on our Services or the networks or services connected to our Services.
Any harassment, intimidation, or threatening any of our employees or agents engaged in providing any portion of our Services to you.
Attempting to bypass any measures designed to prevent or restrict access to our Services, or any portion thereof.
Copying any of the ideas, graphics, features, functions or content of our website.
Copying or adapting our Services' software, including but not limited to PHP, HTML, JavaScript, CSS or other code.
Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising of or in any way making up a part of our website or any part of our Services.
Using launching, developing, or distributing any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our website, or using or launching any unauthorised script or other software.
Accessing the website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose.
Making any unauthorised use of our Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Using the website or any part of our Services as part of any effort to compete with us or otherwise use our website or the content of our website for any revenue-generating endeavour or commercial enterprise.
Transferring your profile to any other person or entity or sharing your account with any other person or allowing any other person access to your account.
Using our Services to advertise or offer to sell goods and services.

REGISTERING A USER ACCOUNT

Registration of a user account on our website is free and does not oblige you to make any purchases with us. You must register a user account with us before placing your first online order.

Registration of a user account on our website constitutes your acceptance and agreement to be bound by all of our Terms and Conditions, including Terms and Conditions contained in our Privacy Policy and any other policy, notice or document. Personal Information will be required to register your user account. Please refer to our Privacy Policy.

We urge you to keep your username and password private. We shall not incur any liability in any manner for any damage suffered or losses incurred from the use or misuse of your account.

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 our Terms and Conditions.

You will be required to sign into your user account to make use of certain of our Services, such as placing orders for goods. To update or amend any of your particulars, please follow the steps on your user account.

By registering a user account, you warrant that the information provided by you is true and accurate, that you are not impersonating any other person or entity, and that you can prove your identity should we require you to do so.

We reserve the right to suspend, terminate or delete your account at any time without any prior notice to you in the event that you contravene any of our terms, either contained in this policy or in any other policy or notice published by us. Any such suspension or termination shall not affect any right or remedy we might be entitled to, nor shall it absolve you of any obligation to us in terms of any of our policies.

You have the right to stop using our website or our Services at any time, and you have the right to delete your account at your own discretion.

PURCHASES AND PAYMENT

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on our website. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.

While we make all reasonable efforts to ensure that all information provided by us is accurate at the time of its inclusion on our website, you acknowledge and understand that there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on our 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. You may be entitled to a refund in certain circumstances, as set forth in our Returns and Refund Policy. We shall not be bound by any incorrect information regarding our products displayed on any third-party websites.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Registered users may place orders for goods on our website. All items ordered will be placed in the “cart” of the user.

The user may amend the cart in any manner before proceeding to the “check-out” page, including deleting any item in the cart, adding items, or amending the quantity of an item in the cart.

Once a user proceeds to the “check-out” page, the user will be prompted to choose a delivery method and delivery address. The delivery charges shall be added to the total price of the items ordered. For more information, please refer to our Shipping Policy.

The user will be required to select a payment method.

The user will be prompted to confirm the final order, inclusive of the delivery charges by clicking on “place order” to proceed. Before the order is confirmed, the user may edit or amend the order in any way before placing the final order.

By clicking on the “place order” button, the order is placed, and you will be directed to the payment page. The merchant outlet country at the time of presenting payment options to the customer is South Africa. Transaction currency is South African Rand (ZAR).

We accept the following forms of payment:

Credit Card (Visa & Mastercard)
Debit Card (Visa & Mastercard)
American Express
PayJustNow
Cryptocurrency payments processed through FiveWest

Card acquiring and security:

All card transactions, with the exception of PayJustNow transactions, will be acquired for Gun Scope SA (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details will be stored by Gun Scope SA (Pty) Ltd separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

PayJustNow transactions will be acquired for Gun Scope SA (Pty) Ltd via PayJustNow through their approved payment processor. For more information on PayJustNow transactions please refer to their Terms and Conditions and their PCI DSS Policy.

Gun Scope SA (Pty) Ltd will not store any credit (or debit) card details which are entered into the payment processing website used for PayJustNow transactions.

Cryptocurrency payments will be acquired for Gun Scope SA (Pty) Ltd via FiveWest and their payment gateway. For more information on FiveWest, please refer to their website at fivewest.co.za. Gun Scope SA (Pty) Ltd will not store any wallet or other cryptocurrency payment information used to complete a cryptocurrency payment through FiveWest.

General:

You will receive an email once the payment of your order is confirmed, containing the full particulars of the payment made. Please refer to the section below for cryptocurrency payments.

Once the payment is confirmed, you will receive an email as “order confirmation” from us. This email will contain the full particulars of the transaction. You may also access the full particulars of any transaction by viewing your order history in your user account at any time.

We reserve the right to refuse processing of payment for any order and/or to cancel any order, partially or in full, with notice to you. We will refund any payment made for any cancelled items or products, or alternatively for the whole order, as may be applicable.

You are entitled to cancel your order at any time before the order is dispatched, subject to our Returns and Refund Policy. To cancel your order, please contact us. You will be refunded for any payment made for the order, subject to our Returns and Refund Policy.

Your order will be dispatched and delivered to you in accordance with our Shipping Policy.

You are allowed to return a product ordered online from us within 7 days of delivery of such product, subject to our Returns and Refund Policy.

Placing products on your “wish list” or in your cart without completing the purchase cycle does not constitute an order for the products, and as such, availability and price of such items may change without notice to you. Furthermore, products placed on your “wish list” or in your cart without completing the order will not reserve the product for you in any manner. We shall not be liable for any changes in price or availability of such products.

You acknowledge that all products offered on our website is limited and that the price of any product may change at any time without notice to you.

In the case of products offered on our website, 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 our website. However, we cannot guarantee the availability of stock. When products are no longer available after you have placed an order, we will notify you as soon as possible and you will be entitled to a refund of any amount already paid by you for such product(s).

CRYPTOCURRENCY PAYMENTS

We offer cryptocurrency payments as a payment method on our website. We accept cryptocurrency payments through FiveWest’s payment gateway. Select the “pay with cryptocurrency” option at our checkout page if you would like to pay via cryptocurrency and click on “place order.”

Your order will be placed. You will receive an email from FiveWest which contains a payment link. Please note that it may take up to two business days for you to receive the email containing the cryptocurrency payment link. The payment link will be sent to the email address you used to register your account on our website. We advise you to check your “spam folder” for this email. If you have not received the email containing the payment link after two business days, please contact us.

Once you receive the email containing the payment link, click on the “Pay Now” button contained in the email. You will be redirected to the FiveWest payment widget where the order amount payable will be displayed in South African Rands (ZAR). Select your cryptocurrency payment method from the list and follow the steps to complete the payment.

Some cryptocurrency payment methods might incur network or other fees. Such fees are payable by the customer, Gun Scope SA (Pty) Ltd shall not bear any liability for network or other charges incurred through payment by cryptocurrency.

Once your cryptocurrency payment reflects in our wallet, we will issue your invoice and proceed with processing and shipping your order.

Refunds for orders paid with any cryptocurrency shall be refunded by means of electronic fund transfer (EFT) in rands (ZAR), no refund shall be made in any cryptocurrency. Please refer to our Returns and Refund Policy for more information.

DISCLAIMER

The use of our website and our Services is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from use of our website or Services or from reliance on any information in connection with our website.

We shall not accept 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 our website and/or any content therein, or in connection with our Services.

You acknowledge that you hereby indemnify us against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of our website or our Services.

We shall not be liable for any failure to provide this website or for any interruption, suspension or termination of this website in any manner. We reserve the right to cancel, change, modify, terminate, suspend or otherwise discontinue our website or any of our Services without any notice to you.

Whilst we take every reasonable precaution to ensure your security when making use of our Services, due to the nature of the internet we are unable to guarantee any products and services or any websites accessible via our website are virus- or error-free. We therefore caution you to check all emails, attachments and files before downloading them.

We shall not be liable to you in any manner for any damage suffered as a consequence of using our Services, including but not limited to any viruses, malware, spyware or destructive or harmful materials, data or code transmitted through our Services.

We may provide links to other websites or resources. We are unable to accept, and do not accept, responsibility for these websites or resources; nor have we endorsed their content, products or services merely because they are accessible via our website. Accessing any third-party links or content is entirely at your own risk.

Information provided by us through our website, or any other means, does not constitute legal or professional advice and should not be relied upon as such without seeking relevant independent professional advice.

We take all reasonable steps to safeguard the security of any information you input or send to us in connection with our Services, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever for any damages that you may suffer as a result of the breach of the confidentiality of such information.

We shall not be liable for any failure to perform any obligation in terms of this policy or in terms of any other policy or notice published by us as a result of our being prevented from doing so by an event beyond our control. Such events may include, but are not limited to, strikes; labour disputes; acts of God; war; riot or civil unrests; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order; any act or omission of any government or other competent authority; accident; equipment or services failure; unavailability of third party telecommunications services; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm damage.

Whilst we take all reasonable measures to ensure that the content of our website is accurate and complete, we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of our website or as to the accuracy, completeness or reliability of any information on our website. If any such representations or warranties are made by any of our representatives, we shall not be bound thereby.

If any products offered by us on our website is under any warranty, our website itself and all information provided on our 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.

Any views or statements made or expressed on our website are not necessarily the views of Gun Scope SA (Pty) Ltd, its directors, employees and/or agents.

UPDATES OR VARIATION TO THESE TERMS

We reserve the right to update, modify or amend the Terms and Conditions contained in this policy at any time without notice to you. If you are not satisfied with the amended Terms and Conditions, you should refrain from using our Services, as your continued use of our website or Services is deemed to constitute your acceptance of the Terms and Conditions as amended and in force at the time of your use.

We advise you to read and take note of these Terms and Conditions each and every time you visit our website, as they may have been modified since your last visit. You shall be deemed to have read, understood and accepted the latest version of the Terms and Conditions available on our website whenever you visit our website or make use of any of our Services.

COMPANY DETAILS

Gun Scope SA (Pty) Ltd, a company registered in the Republic of South Africa with registration number 2020/795962/07 with its chosen domicilium citandi et executandi at:

115 Siersteen Street,
Silvertondale, Pretoria,
Gauteng, South Africa

The Company is an online retailer operating from the website www.gunscopesa.com

Our contact details are:

Telephone number: (012) 012 5163
Email address: [email protected]

Directors of Gun Scope SA (Pty) Ltd:

C. Nel – Managing Director
C. Rossouw – Director

GOVERNING LAWS

These Terms and Conditions and our relationship as well as 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 our 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 us and you for the sale of goods, you agree that the sale occurs in the Pretoria, Gauteng Province and you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa Gauteng Division, Pretoria notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on our website or in respect to our Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time, without notice to you.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of our Services.

You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these terms.

[Version 1.5 dated: 28 November 2024]