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Terms & Conditions

TERMS AND CONDITIONS

1. Overview

This website is operated by Club Ohm (“we”, “us”, or “our”). The use of this website, including all information, tools, and services available herein, is conditional upon your acceptance of all terms, conditions, policies, and notices stated herein.

By accessing this website and/or purchasing any products or services from us, you engage in our “Service” and agree to be legally bound by the following Terms and Conditions (“Terms”), including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Please read these Terms carefully before using this website. By accessing or using any part of the site, you signify your agreement to be bound by these Terms. If you do not agree to all the terms and conditions set forth herein, you may not access the website or use any services. If these Terms are deemed to constitute an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current online store shall be subject to these Terms. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to review this page periodically for any changes. Continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

2. Online Store Terms

By agreeing to these Terms, you affirm that you are at least 18 years of age. Certain products offered by Club Ohm may contain liquid nicotine. While not classified as tobacco products, these items are not intended for sale to individuals under the age of 18. By proceeding with a purchase, you confirm that you are at least 18 years old and are not purchasing products on behalf of anyone under the age of 18.

You agree not to use any of our products for any unlawful or unauthorized purpose and not to violate any laws in your jurisdiction in the use of the Service, including, but not limited to, intellectual property laws.

3. General Conditions

We reserve the right to refuse service to any individual, at any time, and for any reason, at our sole discretion.

You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks, and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express prior written consent.

 

Headings

 

The section titles in this Agreement are for convenience only and shall not affect the interpretation or construction of these Terms.

 

3. Accuracy, Completeness, and Timeliness of Information

We make no warranties or representations as to the accuracy, completeness, or currentness of any information made available on this website. All content is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance upon the material on this website is undertaken at your own risk.

 

This website may contain historical information, which is provided for reference purposes only. Such information is not necessarily current and is not intended to be relied upon as current information. We reserve the right to modify the contents of the website at any time, but we are under no obligation to update any information. You agree that it is your responsibility to monitor changes to our website.

 

4. Modifications to the Service and Prices

Prices for products and services offered through this website are subject to change at any time and without prior notice. We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

 

5. Products

Certain products or services may be available exclusively online through the website. These items may have limited availability and are subject to return or exchange only in accordance with our Return Policy.

 

We strive to display product images and descriptions as accurately as possible; however, we do not guarantee that the display of any colour or product detail on your device’s monitor will be accurate.

 

We reserve the right, but are not obligated, to limit the sale of our products or services to any individual, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit quantities of any products or services offered and to modify or discontinue any product or service at any time without prior notice.

 

All descriptions of products and pricing are subject to change at our sole discretion and without notice. Any offer for a product or service made on this website is void where prohibited.

 

We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

6. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we modify or cancel an order, we may attempt to notify you by contacting the email address, billing address, or telephone number provided at the time the order was placed.

 

You agree to provide current, complete, and accurate purchase and account information for all transactions conducted on our website. You further agree to promptly update your account details and other information, including your email address, credit card numbers, and expiration dates, to ensure that we can complete your transactions and communicate with you as necessary.

 

For additional information, please refer to our Return Policy

 

SECTION 7 – THIRD-PARTY LINKS

The Service may contain content, materials, or links that are provided by third parties and are not under the control or ownership of 23 Preguntas LTD Trading as Club Ohm (“we”, “us”, or “our”). Any hyperlinks to third-party websites are provided solely for the convenience of the user and do not imply any endorsement or responsibility on our part for the content, services, or products made available on or through such websites.

We do not warrant the accuracy, completeness, legality, or quality of any third-party materials or websites. We disclaim all liability and responsibility for any harm, damages, or losses arising from or related to your access to, use of, or reliance on any third-party websites or services. Users are solely responsible for reviewing the terms, conditions, and privacy policies of any third-party websites before engaging in any transaction or use.

Furthermore, we do not accept any liability for the unavailability of any external sites or resources, nor for any content, advertising, products, or other materials accessible through such third-party sites. Any disputes, claims, or issues arising from dealings with third parties shall be directed to the relevant third party.

SECTION 8 – USER COMMENTS, FEEDBACK, AND SUBMISSIONS

By submitting any unsolicited suggestions, feedback, ideas, proposals, or other content (collectively, “Submissions”) to us, whether requested or voluntarily provided, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such Submissions in any media or format, without compensation, acknowledgment, or notice to you.

You acknowledge and agree that:


(i) we are not under any obligation to maintain any Submissions in confidence.
(ii) we are not obligated to pay compensation for any Submissions; and
(iii) we are not required to respond to any Submissions.

We reserve the right, but not the obligation, to monitor, edit, or remove any content submitted by users which we, in our sole discretion, deem unlawful, offensive, threatening, defamatory, obscene, or in violation of any intellectual property rights or these Terms of Service.

By posting Submissions, you represent and warrant that such content:


(a) does not infringe upon the rights of any third party, including but not limited to copyright, trademark, privacy, personality, or proprietary rights.
(b) does not contain unlawful, abusive, defamatory, obscene, or otherwise objectionable material;
(c) does not contain any computer virus, malware, or other harmful code that may affect the Service or any related platform.

You may not use a false identity or impersonate any person or entity in connection with the submission of content. You are solely responsible for the content and accuracy of any Submissions you provide, and we disclaim any liability arising from or in connection with such content.

SECTION 9 – PERSONAL INFORMATION

All personal information submitted through the online store is subject to our Privacy Policy. For details regarding the collection, use, and protection of your personal data, please refer to our Privacy Policy.

SECTION 10 – ERRORS, INACCURACIES, AND OMISSIONS

The content available on our website or through the Service may occasionally include typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping fees, availability, and transit times. We reserve the right, at any time and without prior notice, to correct such errors, inaccuracies, or omissions and to update or cancel orders if any information on the Service or any affiliated site is inaccurate.

We assume no obligation to update, revise, or clarify any information contained within the Service or any related website, except as required by law. Any dated reference to an update or modification shall not be construed as an indication that all information has been updated or is current.

SECTION 11 – PROHIBITED USES

In addition to the other restrictions outlined in these Terms of Service, you are expressly prohibited from using the website or its content:


(a) for any unlawful purpose;
(b) to solicit others to engage in unlawful conduct;
(c) to violate any applicable local, national, or international law, regulation, or ordinance;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any malicious code that may compromise the integrity, functionality, or operation of the Service, related websites, or the internet;
(h) to collect or track the personal data of others without consent;
(i) to engage in spamming, phishing, pharming, pretexting, crawling, scraping, or similar activities;
(j) for any obscene, immoral, or otherwise inappropriate purpose; or
(k) to interfere with or bypass the security features of the Service, related websites, other websites, or the internet at large.

We reserve the right to terminate your access to the Service or any related website if you are found to be in violation of any of the prohibited uses set out herein.

 

12. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless 23 Preguntas LTD Trading as Club Ohm, its subsidiaries, affiliates, partners, officers, directors, agents, employees, contractors, licensors, service providers, subcontractors, and suppliers (collectively, “Indemnified Parties”), from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms and Conditions or any referenced policies, your violation of any applicable law, or infringement of any rights of a third party.

 

13. SEVERABILITY

Should any provision of these Terms and Conditions be determined to be unlawful, void, or for any reason unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severable from the remainder of the Terms, and such determination shall not affect the validity and enforceability of any remaining provisions.

 

14. ENTIRE AGREEMENT

These Terms and Conditions, together with any policies or legal notices posted by us on this website or in relation to the Service, constitute the entire agreement between you and 23 Preguntas LTD Trading as Club Ohm and govern your use of the Service, superseding any prior or contemporaneous communications, proposals or agreements, whether oral or written. Any failure by us to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

15. GOVERNING LAW

These Terms and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

 

16. MODIFICATIONS TO TERMS

We reserve the right to revise, update or amend any part of these Terms and Conditions at our sole discretion, by posting the changes on this page. It is your responsibility to review these Terms periodically for any modifications. Your continued access or use of the website following the posting of changes constitutes your acceptance of those changes.

 

17. CONTACT INFORMATION

For any questions regarding these Terms and Conditions, please contact us at:

info@clubohm.com

 

18. USE OF WEBSITE

You agree to use this website solely for the purposes of browsing content, making legitimate purchases, and not for any unlawful or unauthorised purpose, including speculative or fraudulent transactions. You may not copy, reproduce, republish, distribute, or otherwise exploit any content on this website, including by means of deep-linking, embedding, or similar technologies, without our express written consent. Any unauthorised use of this website may violate applicable intellectual property laws and may give rise to a claim for damages and/or constitute a criminal offence.

 

19. DISCLAIMER OF WARRANTIES

The content on this website is provided “as is” and without any warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 23 Preguntas LTD Trading as Club Ohm, its owners, authors, and affiliates (collectively referred to as “Providers”) make no representations or warranties regarding the accuracy, reliability, or completeness of the content, nor do they warrant that the website or its content is free of viruses or other harmful components.

 

To the fullest extent permitted by law, the Providers disclaim any and all liability for direct, indirect, incidental, special, or consequential damages arising from or in connection with the use or misuse of this website.

 

20. OUR RIGHTS

We reserve the right, at any time and without prior notice:

 

To modify or discontinue any aspect of the website or the Service, temporarily or permanently. We shall not be liable for any such modification, suspension, or discontinuation.

 

To revise these Terms at our discretion. Your continued use of the website following any change shall constitute acceptance of those changes.

 

To withdraw, suspend or restrict access to the website or any part thereof, due to maintenance, security, technical issues, or other events beyond our control.

 

21. PRIVACY POLICY

We are committed to protecting your privacy. This Privacy Policy applies to all information collected through this website.

 

We collect personally identifiable information only for the purposes outlined in these Terms and Conditions. Such information will not be sold, shared, or disclosed to third parties, except as required by law or with your express consent.

 

We may automatically collect certain technical information about your visit, such as your IP address, browser type, referring website, pages visited, and access times. This information is used to improve the functionality and performance of the website.

 

From time to time, we may revise this Privacy Policy to reflect changes in law, technology, or business practices. All updates will be posted on this page. Continued use of the site following such updates constitutes your acceptance of the revised Privacy Policy.

 

If you have any concerns or questions about this policy, please contact us via email. By using our site, you acknowledge that you have read and understood this Privacy Policy and agree to its terms.

 

Cookie/Tracking Technology

The Site may utilize cookies and tracking technologies, depending on the features provided. These technologies assist in collecting information such as browser type, operating system, tracking the number of visitors to the Site, and understanding how visitors interact with the Site. Cookies may also aid in customizing the Site for users. While cookies and other tracking technologies do not collect personally identifiable information directly, if you have previously provided personally identifiable information, cookies may be associated with such information. Aggregate data collected via cookies and tracking technologies may be shared with third parties.

Product Availability

The lead time for product delivery is contingent upon stock availability. In the event that stock is available, orders will be dispatched on the same day, provided that payment is validated/received before 14:00. If the product is out of stock, please allow for a processing time of 10 working days, in addition to the applicable freight transit time. This time frame accounts for manufacturing and delivery to our warehouse.

While we make every effort to ensure timely shipment of your order, unforeseen circumstances may result in delays. In such cases, 23 Preguntas LTD Trading as Club Ohm PTY LTD will notify you via email and provide a revised shipping schedule.

Delivery Policy

By proceeding with a purchase on our Site, you acknowledge that legal obligations are created, and your rights to a refund for payments made (whether by credit card or other agreed methods) are subject to the limitations outlined in these Terms and Conditions. You must fully understand and agree to all terms and conditions before making a purchase on this site. Once payment has been made for the purchase, it is deemed that you have read and understood these Terms and Conditions. If you have any questions, please contact us prior to making any purchase.

Shipping

Please ensure the accuracy of the shipping address provided, as title and risk for the goods pass to you once the order has been dispatched from our premises. 23 Preguntas LTD Trading as Club Ohm PTY LTD shall not be liable for any errors or inaccuracies in the shipping details provided by the customer. It is the customer's responsibility to ensure that accurate shipping information is provided, and failure to do so may result in additional charges being passed on to the customer.

You are advised to review your shipping information carefully before submitting your order.

Undeliverable Packages

Occasionally, packages may be returned to us as undeliverable. In such instances, every attempt will be made to contact you to arrange re-shipment. Please note that any additional shipping costs incurred will be passed on to the customer.

Order Processing

Order processing will not commence until we have received a confirmed order and full payment, which must be reflected in our bank account.

Payment Options and Pricing

Banking Details:
Bank: Capitec
Branch Number: 252155
Account Name: 23 Preguntas LTD Trading as Club Ohm PTY LTD
Account Number: 1296308489
Account Type: Savings

All transactions will be processed in South African Rands (ZAR).

23 Preguntas LTD Trading as Club Ohm PTY LTD strives to offer competitive pricing for our products. The total order price will include the product price, applicable sales tax, and shipping charges (calculated on the day of shipping).

23 Preguntas LTD Trading as Club Ohm PTY LTD reserves the right to modify product pricing at any time without prior notice.

Credit Card Payments

We accept payments through MasterCard and Visa credit cards. If you do not have a credit card, you may use one of the alternative payment methods or log off and return to the site at a later time to complete your order. All order details will be saved under your account, enabling you to complete the transaction at your convenience.

Direct Deposit

You may choose to pay via direct deposit, which functions similarly to EFT, except that you will need to physically make the deposit at your bank. To confirm your payment and ensure the prompt processing and shipment of your order, please email your deposit slip to info@clubohm.com.

For additional information on how to place orders, special requirements, or other payment options, please contact our Support Team or email info@clubohm.com

 

Promotional/Coupon Codes

Club Ohm Pty Ltd ("the Company"), may offer promotional codes or coupons to customers under certain conditions. These codes will be subject to specific terms and conditions, which may vary from promotion to promotion. As a general rule, unless otherwise specified, the following conditions apply to all coupons:

 

Single Use: Each coupon may only be used once per customer.

 

Limit on Usage: Only one coupon may be applied per order.

 

Stacking Prohibited: Coupon codes cannot be combined with other discounts, promotional offers, or special deals.

 

Limit on Customer Use: A customer may only use one coupon per promotional offer.

 

Timing of Use: Coupons can only be redeemed at the time of checkout and cannot be applied retroactively to existing orders.

 

Value of Coupon: The value of the coupon will be deducted from the total amount of your shopping cart. Any remaining balance after the use of a coupon is payable by the customer. If payment is not completed, the order will not be processed.

 

Expiry: Coupons must be redeemed before their expiration date. Expiry dates cannot be extended.

 

Security Policy

Transaction Security: All credit card transactions are processed by Virtual Card Services ("VCS"). Transactions are encrypted using 128-bit Secure Socket Layer (SSL) technology to ensure the security of personal information.

 

Data Protection: VCS is committed to maintaining secure online services. All encryption methods comply with international standards. Encryption protects the transmission of personal information during online transactions. VCS’s servers are safeguarded by firewalls and intrusion detection systems.

 

No Access to Credit Details: The Merchant (Club Ohm Pty Ltd) does not have access to any credit card details.

 

Security Enhancements: VCS continually reviews and upgrades its security protocols in line with advancements in technology.

 

Monitoring

The Company reserves the right, but not the obligation, to monitor activity on the Website. The Company may investigate any reported violations of these Terms or complaints and take appropriate action. This may include, but is not limited to, issuing warnings, suspending or terminating access, or removing any materials from the Website that violate these Terms.

 

Governing Law

These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of South Africa. The courts of South Africa shall have exclusive jurisdiction in any disputes arising from these Terms. However, the Company reserves the right, at its sole discretion, to initiate proceedings in alternative jurisdictions.

 

Updating of Terms and Conditions

The Company reserves the right to modify, amend, add to, or remove portions of these Terms and Conditions at any time. Any changes will become effective immediately upon posting on the Website. It is the User’s responsibility to review these Terms periodically. Continued use of the Website after changes have been posted will be deemed acceptance of those changes.

 

Consent

By accessing and using the Website, I acknowledge that all trademarks, logos, and designs related to Club Ohm Pty Ltd, are registered. I agree not to copy, duplicate, or use these trademarks and designs, directly or indirectly, in any manner that would infringe upon the Company’s intellectual property rights. I understand that any violation of this agreement will make me liable for all legal costs incurred by Club Ohm Pty Ltd, in the event of any civil or legal action taken against me.

 

For further reference, a copy of the Electronic Communications and Transactions (ECT) Act is available at Polity - ECT Act.

A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002.

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