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Terms of Service

TERMS & CONDITIONS

This site is owned and operated by .Xarra Books (Pty) Ltd (“Xarra”). By purchasing products through this website the purchaser (“Customer”), agrees to the following terms and conditions of sale.

1. Ordering

1.1 Upon the Customer confirming its purchase order the Customer agrees to purchase the products in the Customer’s “shopping cart” for their price including VAT and any postage and handling charges as applicable.
1.2 Xarra will send the products to the Customer as soon as practicable after it receives payment for the products.

2. Defective products

2.1 If the Customer purchases a defective product from Xarra, the Customer must return the product to Xarra within 28 days of receiving the product, with a copy of the invoice for the product and a brief letter which includes the Customer’s details and identifies the defect in the product.
2.2 If the product is defective, Xarra will in its discretion, either:
(a) replace the product; or
(b) provide a refund of the price of the defective product to the Customer.
2.3 Xarra will not accept any liability for any defective products which the Customer does not return in accordance with clause.
2.4 In no case shall the maximum liability of Xarra exceed the price of the product in respect of which a claim is made.

2.5. Xarra will give a refund based on the original payment method used to buy the products.

3. Stock availability

3.1 The Customer shall not be entitled to object if information about products on the Website is not correct or if advertised products are not available or if images of products differ from the actual products.
3.2 If the Customer pays for a product which Xarra cannot supply Xarra will refund the price of that product to the Customer.
3.3 Prices, offers and stock availability may vary between our physical and online stores.

4. Products sent to incorrect address

4.1 If the Customer does not receive products it has purchased within 40 days of the date of purchase Xarra shall not be liable to the Customer for those products unless the Customer notifies Xarra within 40 days of the date of purchase.
4.2 If a product is not received by a Customer because it was sent by Xarra to an incorrect address due to an error by Xarra then Xarra shall be responsible for the resending or replacement of the product or refunding of the price of the product.
4.3 If a product is not received by the Customer because the Customer provided an incorrect or insufficient address, then:
(a) subject to this clause, if the product is returned to Xarra, Xarra will resend the product to the Customer provided that the Customer first pays the cost of postage and handling for resending; or
(b) if the product is not returned to Xarra, then Xarra shall have no further responsibility.

5. Non-claimed products

If products which a Customer has purchased are returned to Xarra by a person other than the Customer and Xarra cannot, despite reasonable efforts, contact the Customer or the Customer does not contact Xarra within 3 months of products being returned to Xarra then ownership of the products will revert to Xarra.

6. Delays

The Customer agrees not to hold Xarra liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.

7. Passing of risk and ownership

7.1 Subject to clauses and Xarra does not accept any liability for products after it has sent the products to the Customer.
7.2 Subject to clause 5, ownership of products purchased by the Customer shall pass to the Customer upon Xarra sending the products to the Customer.

8. Limitation of liability

8.1 Xarra shall not be liable to the Customer for refunding the price of products or replacing or exchanging products which the Customer purchases through Xarra’ website other than as set out in these terms and conditions.
8.2 Xarra shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services which the Customer purchases through Xarra’ website, even if Xarra has been advised of the possibility of such damages.

9. Gift voucher expiry

Gift vouchers are valid for one year from the date they are issued, after which the voucher expires. Any remaining credit is non-refundable.

10. Site access

10.1 Xarra hereby grants the Customer permission to access, view and download the content appearing on this site, for personal, non-commercial use only.
10.2 The Customer agrees not to use any device, method or software to interfere with the proper functioning of this site including but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.

11. Privacy Policy

Xarra is committed to protecting your privacy. This privacy policy applies to all the web pages related to this website. All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone. The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which the Customer accesses the Internet; the date and time of access; the pages accessed and the Internet address of the Web site from which the Customer linked directly to the site. This information is used to help improve the Site, analyze trends, and administer the Site.

The Customer may request details of personal information which Xarra holds about them under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Xarra Books (Pty) Ltd Waterfall Crescent North Waterfall Office park Midrand 1684 South Africa.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Xarra  may need to change this policy from time to time in order to address new issues and reflect changes on our site. Xarra will post those changes here so that the Customer will always know what information is gathered, how it might be used and whether that information will be disclosed to anyone. If you have any questions or concerns about our privacy policy, please send us an E-mail at info@xarrabooks.com.

12. Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if the Customer previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

List of cookies we collect

The table below lists the cookies we collect and what information they store.

COOKIE name COOKIE Description
CART The association with your shopping cart.
CATEGORY_INFO Stores the category info on the page, that allows to display pages more quickly.
COMPARE The items that you have in the Compare Products list.
CURRENCY Your preferred currency
CUSTOMER An encrypted version of your customer id with the store.
CUSTOMER_AUTH An indicator if you are currently logged into the store.
CUSTOMER_INFO An encrypted version of the customer group you belong to.
CUSTOMER_SEGMENT_IDS Stores the Customer Segment ID
EXTERNAL_NO_CACHE A flag, which indicates whether caching is disabled or not.
FRONTEND You sesssion ID on the server.
GUEST-VIEW Allows guests to edit their orders.
LAST_CATEGORY The last category you visited.
LAST_PRODUCT The most recent product you have viewed.
NEWMESSAGE Indicates whether a new message has been received.
NO_CACHE Indicates whether it is allowed to use cache.
PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history if you have asked the site.
POLL The ID of any polls you have recently voted in.
POLLN Information on what polls you have voted on.
RECENTLYCOMPARED The items that you have recently compared.
STF Information on products you have emailed to friends.
STORE The store view or language you have selected.
USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies.
VIEWED_PRODUCT_IDS The products that you have recently viewed.
WISHLIST An encrypted list of products added to your Wishlist.
WISHLIST_CNT The number of items in your Wishlist.

By using this website, the Customer signifies acceptance of our Privacy Policy. If the Customer does not agree to this policy, they should not use this site.

 

13. Payment Options and Pricing

All transactions will be processed in South African Rands (ZAR).
The total order price will include the price of the purchase plus VAT (Value added tax). Xarra reserves the right to change pricing at any time without prior notice.

Credit Card

Xarras Books accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order.

EFT (Electronic Fund Transfer)

Xarras Books accept EFT payment.  Once the Customer has added enough items to their shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. Xarra (Pty) Ltd is the beneficiary and the unique order number should be used as the reference for the payment.

Our banking Details:

Name of Account: Xarra (Pty) Ltd

Bank: ABSA Bank Limited
Branch name: Midrand
Branch no: 632005

Account no: 4062080543   Swift code: ABSAZAJJ

 

14. Direct Deposit

The Customer may pay for the products through a direct deposit. It’s exactly the same as doing an EFT payment, except that the customer has to go into their bank and physically make a direct deposit there. The same banking details as above will be used. The deposit slip should be emailed to info@xarrabooks.com to ensure that payment is confirmed and order shipped as quickly as possible. The order number should be used as reference.

15. Cash payment and collection at the physical store

15.1 The Customer may pay for the products by cash at the physical store. In this case, the customer may opt to collect the goods at the time of payment or request that they be sent after payment for goods and postage has been made at the store.

15.2 Goods ordered this way may only be reserved for a period of 7 days to allow for cash  payment to be made. Upon, the expiry of that 7 day period from the date of order, the goods on the order will be released back to the store and the order deleted.

16. Intellectual property

16.1 The Customer agrees that the content which the Customer accesses, views or downloads and the software used to create it, remains the intellectual property of Xarra.
16.2 The Customer agrees not to modify or alter the content of the website in any way, or make it available to any third parties.

17. Communications

By creating an account with Xarra the Customer consents to receiving electronic communications from Xarra. The Customer’s personal details will not be sold or leased to any third party. For more information please see our Privacy Policy.

18. Governing law and jurisdiction

These terms and conditions are governed by, take effect and will be construed in accordance with the laws of South Africa, and the Customer irrevocably and unconditionally agrees to submit to the exclusive jurisdiction of the courts in South Africa and courts entitled to hear appeals therefrom.

Disclaimer

The information on this website is provided for general information only. Xarra has provided this information for the benefit of users in good faith and with reasonable care. Errors and omissions in this information may occur including through negligence. Accordingly, Xarra does not accept any liability for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.

Xarra would like to welcome you to this website. We have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.