1. INTRODUCTION

Rochester is a brand trading within Pepkor Trading (Pty) Ltd, registration number 1958/003362/07

These terms govern your use of our website.  Access to the services, content and downloads available on the Rochester website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002(ECT Act).

  • 1.1. The Rochester website is provided as a convenience to you and our customers for informational purposes only. In order to use the Rochester website for services including but not limited to on-line shopping, browsing, product information, store locations, subscribing as a user, viewing and managing your account and orders, etc. you may be required to provide your personal information.
  • 1.2. We reserve the right to make changes to the documents and/or other materials contained on this website from time to time without notice. This right also applies to these terms and conditions. Rochester will post the revised terms on the website. You may use the Rochester website for your own personal non-commercial use and not for republication, distribution, sale or other use.
  • 1.3. If there is a conflict of meaning between these website terms of use and any other terms, policies or notices, the specific terms, policies or notices will take preference where it applies to your use of the Rochester website.
  • 1.4. The Terms constitutes the entire agreement between the parties. If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the terms will be effective.
  • 1.5. Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The terms will be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law. By you ticking the “I confirm I have read and understand the Terms & Conditions applied to the use of this website” box forms a legally binding agreement between you and Rochester
2. DEFINITIONS

In the Rochester website terms of use:

  1. 2.1. terms” mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and Rochester;
  2. 2.2. we” or  “us” or “Rochester” means Rochester whichever one applies;
  3. 2.3. website” means www.rochester.co.za;
  4. 2.4. Rochester website” means www.rochester.co.za;
  5. 2.5. you” or “user” means any person who visits, accesses or uses the website.

 

3. REGISTRATION AND USE OF THE WEBSITE

As a user, Rochester grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions. Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website. You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your review from the website or purchasing goods or services from the website. >

You may only use the website if, in terms of South African law, you have the legal capacity to agree.

You may only link to the website by linking to the home page of the website.

  • 3.1. You, the customer, agrees and acknowledges that:
  • 3.1.1 You will at all times comply with the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and/or any other applicable legislation (if it applies to the customer for the receiving, compiling and reporting of information.) Without limiting the generality of the foregoing, the customer specifically agrees that when reporting Personal and other information to Rochester;
  • 3.1.2 Such information will include all mandatory data;
  • 3.1.3 You will have taken all reasonable steps to ensure that the information submitted is accurate, up-to-date, relevant, complete and valid when submitting such information;
  • 3.1.4 You may submit the information to Rochester, to make such information available to its associated partners, to render the services offered, and that such information is not subject to a duty of confidentiality between Rochester and the customer.
  • 3.1.5 As a Visitor or User, you agree that we may electronically accumulate, keep and use the following of your information:
  • 3.1.6 Internet usage information, including your Internet Protocol (“IP”) address, click patterns, browsing habits, version of software installed, system resolutions and type, plug-ins, colour capabilities, cookie preferences, language settings, search engine meta words (keywords), JavaScript enablement, unique user ID, the pages and content that you access on the Platform/Website and the dates and times that you visit the Website, besides paths taken and time spent on pages/sites within the Website (“Usage Details”); and
  • 3.1.7 Additional information you may provide voluntarily, such as demographic information or data related to your favourite social networking site (e.g. the site name, address and description(s)), or information relating to your participation in Rochester competitions, promotions, studies, reviews and surveys, and additional services. (“Optional Details”).
  • 3.1.8 Details submitted, when registering or transacting, to use the services on the Rochester website. You may submit optional Details to us if you upload or download certain content (or products) from the Website/Platform, enter competitions, partake in promotions, respond to reviews/surveys, subscribe to or register for specific additional services; or else use any of the optional features and functionality of the Website/Platform.
  • 3.1.9 “Cookies” Information: When you access the Website/Platform, we may send one or more cookies (these are small text files containing a string of alphanumeric characters) to your computer to collect certain Usage Details. Rochester may use both session cookies (which disappears after you close your browser) and persistent cookies (which remain after you close your browser, which can be removed manually) and may be used by your browser on subsequent visits to the Website/Platform. Please note the use of cookies is a norm/standard on the internet and many major websites use them. Please refer to your web browser “Help” file to learn more about changing your cookie settings.
  • 3.1.10 when you access the Website/Platform or open one of our HTML emails, we may automatically collect and record certain Usage Details from your system by using different tracking technology.
  • 3.1.11 Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically 1by1 pixel files, (tiny unnoticeable files), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also insert web beacons in HTML-formatted newsletters, which we send to “opt-in” subscribers to count how many newsletters they have read. Rochester web beacons do not gather, monitor or share any personally identifiable information about our customers. They are just the technique we used to compile anonymous information about the Website and Service.
  • 3.1.12 Rochester may use any Optional Details provided by you, for such purposes as shown to you at the time you agreed to provide such Optional Details.
  • 3.2 We may use your Usage Details to:
  • 3.2.1 Automatically validate and/or verify your identity; for the website and transaction security purposes via Rochester or via a third-party service provider;
  • 3.2.2 Automatically provide you with the latest version of the Rochester application on your system;
  • 3.2.3 Remember your information so you will not have to re-enter it during your visit the next time you access the Website/Platform;
  • 3.2.4 Monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and
  • 3.2.5 Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website/Platform.
  • 3.2.6 Rochester shall take all reasonable steps to protect the personal information of the Users and for this purpose, “personal information/personal details”; shall be defined as contained and detailed in the Promotion of Access to the Information Act 2 of 2000 (PAIA).
  • 3.2.7 7 If you are a Rochester website user, you agree that we may also electronically gather, save and use the following information:
  • 3.2.8 Name and surname, birth date, gender, identity number and /or passport number, nationality and country of residence (“Personal Information/Details”);
  • 3.2.9 E-mail address, mobile number, home and delivery address and credit card billing address (“Contact Details “);
  • 3.2.10 the credit or debit card number, cardholder name and expiration date you submit to Rochester website regarding your credit or debit card(s), (Credit or debit cards)
  • 3.3 Rochester Website Users collects the aforesaid information from you in the following manner:
  • 3.3.1 User-provided Information: Your Personal Information/Details, Contact Details and Debit or Credit Card Details will be provided by you directly to us during your registration as a Rochester website user and/or thereafter by you actively transacting, updating or supplementing such details in your Rochester website users Account.
  • 3.3.2 Rochester uses the information that Rochester website users provide (or that we collect) to operate, validate, verify, maintain, enhance and provide all the features of the Services, and as may be necessary to comply legally when conducting online payment transactions and related service provided.
  • 3.3.3 We use your Debit or Credit Card Details to provide the Services (including the verification thereof when you transact with Rochester) and, should fees be charged for some Services and you have selected a credit or debit card as your means of payment, we shall debit that credit or debit card for such fees owed by you. We use your Personal Information/Details to greet you when you access your Rochester User Account, to manage and administer your use of the Services and fulfil our contractual obligations, including the verification of your identity when you transact with Rochester.
  • 3.3.4 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Service(s) (e.g. notifications regarding major updates or content you have posted or downloaded from the Website/Platform, customer service notifications, and to address any copyright infringement or defamation issues); as well as to inform you, subject to obtaining your prior agreement, of competitions, promotions and special offers from us and/or any of our partners and/or affiliates.
  • 3.3.5 Any user, who commits any of the offences detailed in section 85 to 88 of the ECT Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting losses or damages suffered and/or incurred by Rochester and its partners/affiliates.
  • 3.4 You may not:
  • 3.4.1 Provide any incorrect information to the website or Rochester;
  • 3.4.2. Change, copy, decompile or reverse-engineer the website or use the website to make derivative copies;
  • 3.4.3. Lease, sell, assign or in any other way to distribute the website or any information gotten from the website without the prior written consent of Rochester;
  • 3.4.4. Use malicious search technology, including but not limited to spiders and crawlers;
  • 3.4.5. IFrame any pages of the website;
  • 3.4.6 Deep-link to any pages of the website in a way to suggest that you are the owner or license of any intellectual property in the website
  • 3.4.7. Use the interactive sections of the website, for instance, forums, clubs, surveys and e-mails, to post any material which in Rochester discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, sexually-oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. Rochester does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and/or articles, at your sole risk and responsibility. Rochester is not liable for damages or other adverse consequences caused by the use of the submissions.
  • In line with the Film and Publication Board Act 3 of 2009 (FPB) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of eighteen (18) and Rochester will not knowingly collect information from users in this age group.

4. CONCLUSION OF SALES AND AVAILABILITY OF STOCK
  • 4.1. A sales order will only be deemed as completed once you have completed the purchase cycle, an approved payment/order confirmation is received and delivery has taken place. We will confirm your purchase order with you via your specified email. By placing a product in your shopping cart or adding a product to a wish-list does not make up a sale nor are such products, its price nor its quantities reserved. If you complete the purchase cycle for such products at a later stage Rochester cannot be held liable to honour any price changes or if such products are not available.
  • 4.2. Rochester shall use reasonable attempts to make the advertised stock available at the displayed price, for the period specified. Where there is expressed stock limitation or availability, Rochester shall supply the consumer with equivalent stock as an alternative to the advertised stock. In the event of running out of stock on the expressed stock limits, Rochester may limit the number of sale goods per consumer. However, Rochester strives to ensure that we minimise out-of-stock situations and will take all reasonable measures to make your purchased product available at the advertised price or inform you of an equivalent product option.
  • 5. RETURNS/REFUNDS AND WARRANTY

    A refund is deposited directly into your credit card or bank account. This process may take up to 30 working days. A refund processing period will only start from the time we have received the returned goods

    • 5.1. Return of Goods
    • Goods may only be returned in terms of the Consumer Protection Act, Act 68 of 2008 (“the CPA”). If you are entitled in law to return goods, then and in line with the CPA, a handling fee of up to 15% of the value of the goods may be charged when the product/packaging is not returned in its original purchase condition.

    • 5.1.1. Non-returnable/ non-refundable items:
    • 5.1.1.1 Delivery and or installation costs
    • 5.1.1.2 Pre-paid cards
    • 5.1.1.3 Digital content
    • 5.1.1.4 Any damaged or abused items.
    • 5.1.1.5 Computer and gaming software, speakers, CD’s, DVD’s and Blu-ray discs unless we find that the goods were defective at the time of purchase.
  • 5.2. Under no circumstances will we accept returned goods where the consumer has been allowed to inspect the goods before the purchase and subsequently changed his/her mind about the goods; they have damaged the goods in negligence; the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our own or the manufacturer’s instructions, and/or have been subjected to misuse or abuse.
  • 5.3. We sell goods for domestic use only and for the purpose for which we manufactured them. It will also exclude normal wear and tear. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will assess the goods to determine the reason for the defect.
  • 5.4. Subject to these terms, all goods carry an implied warranty by following the Consumer Protection Act 68 of 2008, (“CPA”) which gives the consumer the right to return the defective goods in terms of section 20, read together with section 56 of the CPA. Our goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law. The implied warranty on goods supplied places an obligation on Rochester to accept the return of unsafe or defective goods within six months of delivery. In the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA, the consumer has the right to return goods to Rochester if:
  • 5.4.1 The consumer finds within 10 days that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);
  • 5.4.2 The consumer did not examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and
  • 5.4.1 The consumer has refused delivery of those goods because they were mixed with items that were not ordered, as contemplated in section 19(8).
  • 5.5. You are entitled to cancel any sale concluded on this Website (online sales) within 7 days after receipt of the goods and to get a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date).
  • 5.6. In the unfortunate event that your purchased goods become defective, you may opt to take it to any Rochester store. You are entitled to the following option of as per the CPA (after goods have been inspected and assessed):
  • 5.6.1 Have such goods repaired
  • 5.6.2 Have goods replaced
  • 5.6.3 Be refunded the price paid
  • 5.7. If we find the goods to not be faulty, you will be liable for all handling and shipping charges; for the collection and the re-delivery of the product to you. You will be liable if the goods are damaged or faulty because of misuse, abuse or negligence.
  • 5.8. The warranty does not cover any defects caused by foreign objects or connection errors that are not part of the appliance, including but not limited to;
  • 5.8.1 Use other than domestic use by the customer or his/her immediate resident family at the declared addresses appearing on the front of this document;
  • 5.8.2 Failure by the customer or any other person to comply with the manufacturers’ instructions for installation, maintenance or use;
  • 5.8.3 The use of accessories which have not been approved by the manufacturer;
  • 5.8.4 The application and/or use of any incorrect or abnormal electrical or water supply to the appliance;
  • 5.8.5 Any defect in wiring, electrical connections or plumbing which does not form part of the appliance at the time of the original purchase;
  • 5.8.6 The presence in the appliance of objects which we do not intend the appliance to cope with, such as hairpins, coins and buttons in washing machines, hot food in fridges and chewing gum and wax crayons in tumble dryers;
  • 5.8.7 Neglect, misuse, or willful abuse of the appliance;
  • 5.8.8 Anything related to the appearance of the appliance which does not in Rochester sole opinion prevent the appliance from working adequately: this includes but is not limited to cosmetic and manufacturers’ defects such as discolouring of any part of the appliance, paint peeling off, cracked or broken handles, plates, hinges, wheels, panels, shelves or any portion of the product which is glass;
  • 5.8.9 Rust or the effects of rust;
  • 5.8.10 10 Repairs or attempted repairs of the appliance by any person other than Rochester or its authorized repairers;
  • 5.8.11 Any modification of the appliance by any person other than Rochester or its authorized repairers;
  • 5.8.12 Parts or items of the appliance which are expected to wear out before the extended warranty period expires, including but not limited to, batteries, filters, disposable bags, rubber or plastic hose pipes, drive or fan belts, fuses and/or light bulbs cartridges, toners or ribbons;
  • 5.8.13 Fire, flood, war, civil disturbance, industrial action, acts of God or any other causes beyond the reasonable control of Rochester;
  • 5.8.14 Any defect arising out of the design of the appliance
  • 5.8.15 Any defect caused by a lightning strike or power surges
  • 5.8.16 Blown or damaged speakers arising from misuse;
  • 5.8.17 Any damage caused because of the use of generic or re-filled cartridges;
  • 5.8.18 Any loss or destruction of, or any damage to any property, or any loss expense arising therefrom, or any consequential loss or any liability of nature directly or indirectly caused by or contributed to, by or arising from ionizing radiation or contamination by radioactivity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel. Combustion shall include any self-sustain process of nuclear fission, or any loss, destruction, damage or disability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.
  • 5.9. With cameras, the warranty does not apply to any accessories, batteries, charges, attachable lenses or additions which do not make up the main body of the camera. With TV’s; Hi-Fi’s; VCR’s or DVD’s–remotes are not covered.
  • 5.10. Rochester will not be liable for the costs of;
  • 5.10.1 Maintenance, including cleaning, clearing of blockages and overhaul, insect infestation or paper jams;
  • 5.10.2 Work covered by the manufacturers’ recall of the appliance;
  • 5.10.3 Call out charges where the breakdown is not covered by the extended warranty;
  • 5.10.4 And material or labour which is recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.
  • 5.11. Rochester will not, in any circumstances, be liable for any consequential loss or damages suffered by the customer, whether directly or indirectly related defect in the appliance to the extent permissible by law.
  • 5.12. Repairs may not be effected without prior authorisation from Rochester.
  • 5.13. With an authorised repairer being called out for a fault covered by the warranty, the supplier shall pay the repairer for all labour and materials supplied in terms of the warranty, while the customer shall be liable to pay the repairer all other charges, including but not limited to the call-out charge should no defect be found in the appliance.
  • 5.14. The repair will be carried out in terms of the warranty within a radius of sixty kilometres from the appointed service agent’s premises. Should the repairer be required to travel beyond this radius, we will charge the customer at the prevailing AA rate per kilometre.
  • 5.15. Rochester’ authorised repairers reserve the right to not do house calls in areas where their safety may be at risk.
  • 5.16. Certain products will contain their supplier warranty, and we advise you to keep the same and refer to the same warranty for any differences in the above.
  • 6. DISPLAYING OF PRICES

      All pricing displayed on the web is inclusive of the current South African VAT, in South African Rands, and are subject to price changes and may change with no warning or notification. Please note that all prices displayed exclude the cost of delivery. Rochester takes utmost care to ensure that the displayed prices are correct. Where pricing on the website differs from the actual in-store pricing, the applicable price will be the lesser of the two prices, unless the lesser price is made in error and we have taken reasonable steps to rectify the error and, or where it is a website specific promotion for online purchases only or in branch-specific promotion for branch purchase only. Hence such promotional pricing will not be honoured. If a mistake is made or we display the incorrect price, we will correct this as soon as we are made aware of the incorrectly displayed price.

      Goods made to order will incur additional costs.

    7. CURRENCY, PAYMENT METHODS AND TRANSACTIONAL SECURITY

    We conduct all transactions in South African RAND (R) (ZAR) through PayU Payment Solutions (Pty) Ltd. When PayU Payment Solutions (Pty) Ltd processes a transaction for you via any of their secure payment web services, the transaction is encrypted. The PayU Payment Solutions (Pty) Ltd security policy can be found at https://www.payu.co.za/faqs/security.

    Please also read the PayU Payment Solutions (Pty) Ltd Terms and Conditions, at https://www.payu.co.za/legal. By submitting a sales order through any of the Rochester website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact or have the mandate to transact to do so. This includes that you have got the express permission (indemnity) of the person and or business whose information you are submitting/using through any of our services and that you are not in breach of the Consumer Protection Act or National Credit Act, or any other applicable legislation. You indemnify Rochester, its Members and employees from any claim and/or liability from any third party arising out of your instructions and/or use of the service(s). 5

    Rochester accepts the following payments on its website:

    • 7.1. Credit Card payments: Only South African issued (Visa and Master) credit cards are accepted for online payments. On completing the purchase cycle we send the sales details to the bank if payment is unsuccessful or authorisation is not issued by the bank we cannot complete your purchase cycle.
    • 7.2. Bank Deposits and Electronic Funds Transfer: Should you select to pay via a bank deposit or Electronic Fund Transfer, on completion of your order instruction will be emailed to you regarding the method in which monies must be deposited in Rochester account subject to the following Terms and conditions:
    • 7.3. EFT Pro: the full amount must be paid as per your order request within 48 hours of placing your order. We will cancel your order should you fail to deposit/transfer the funds within 48 hours of placing your order. The EFT must be in SA Rands (ZAR) only (no other currency will be accepted). Rochester cannot be held liable for any delays, errors, fees, bank-affiliated fees / admin charges and currency fluctuations.

      PayU EFT Pro only facilitates the transaction between you and your bank. The terms and conditions existing between you and the Bank still apply.

      PayU does not store any online banking login details. The Delivery timeframe is relative and depends on the time and date of the successful EFT Pro confirmation (please refer to our delivery timeframes T&Cs for info). As we do not store your banking details when conducting an EFT PRO, should you request a refund, we will require you to furnish your Bank account details again.

    • 7.4. For a direct deposit, the deposit must be in cash and SA Rand only, (no other currency will be accepted).
    • 7.5. No cheque deposits are accepted.
    • 7.6. Mobicred facilitates the credit transaction. The terms and conditions existing between you and mobicred still apply. The Delivery timeframe is relative and will depend on the time and date of the successful mobicred confirmation (please refer to our delivery timeframes T&Cs for info.
    • Your order number needs to be used in the reference section of the deposit slip or the electronic transfer, we will not be held liable for any delays should you fail to include these. Your delivery timeframe is dependent and will commence on the time and date of the funds reflecting in Rochester account.

      Depending on the bank, some payments may take up to three business days to reflect in our account. In such circumstances, there will be a delay in having your order shipped.

      When paying using PayU EFT Pro, the communication process between you and your bank shall occur as it would when you are conducting an EFT with the Bank. It will redirect you to the online banking login screen and it will prompt you to log in with your online banking credentials. You will receive a one-time pin (OTP) which you would need to enter to confirm your payment.

      It requires registration with 3D Secure when shopping online with us as a 3D secure merchant. No username and password to remember anymore. You will now receive a one-time pin (OTP) instead that will only be valid for one transaction when shopping at a 3D Secure merchant, protecting your Credit Card against fraudulent online use. We all love the convenience of shopping online but concerned about the risks that may be involved. Therefore, we at Rochester deploy technology, such as 3D Secure, which will protect you while you shop.

      Rochester reserves the right, to prevent suspected fraud, to refuse to accept or process the payment of any order, and/or to cancel any sale concluded between you and Rochester, in whole or in part, on notice to you. Rochester shall only be liable to refund monies already paid by you (see Rochester Refund Policy in point 26 in this regard) and accepts no other liability which may arise as a result of such refusal to process any order/sale.

    8. DELIVERY
      • 8.1. General Delivery Information
      • Unless otherwise specifically stated or specifically agreed to, the delivery charges will be for your account.

        • 8.1.1. Rochester delivers within the borders of South Africa only.
        • 8.1.2. DDeliveries are door-to-door and must be to a physical address within the borders of South Africa and not a Post Box. We do not deliver to any postal addresses. Please ensure all delivery details including the postal code are accurate, as you will be liable for all additional handling and shipping charges because of such errors. Please ensure someone is available to sign for and receive your goods at the time of delivery. We will deem it you, as the purchaser, assigns without prejudice and without a proxy, to a party other than yourself, to sign for your goods at your specified and confirmed delivery address should you not be present at the time of delivery.
        • 8.1.3. You accept that Rochester does not have to prove that you received the delivery of such goods. You agree that it would only require us to prove that someone, not necessarily yourself, signed for the goods at your specified and confirmed delivery address. Although we monitor every purchase order to ensure we deliver your package.
        • 8.1.4. Should you have not received your delivery of goods after 24 hours of the expired delivery period, you need to contact us within a maximum of 48 hours. Should you not notify us of a ‘no delivery’ within the period, you agree that we would deem you received the purchased goods.
        • 8.1.5. Delivery of products purchased through the online store is subject to the geographical delivery framework as determined by our courier partner. Should your delivery address fall into one of these categories, you will be liable for any additional costs incurred in delivery, storage and or returning the parcel. (Category list as follows; plots, farms, mines, military bases, major chain stores, power stations, game reserves and lodges and harbours)
      • 8.2. Failed delivery:
        • 8.2.1. We will notify you of a failed delivery i.e. where no one was at the specified delivery address to receive and sign for the goods at the time of delivery. We will attempt to reschedule the delivery with you within 24–48 hours; however, you may be liable if we incur any additional handling and shipping charges for a re-delivery.
        • 8.2.2. Goods shipped in error /Incorrect goods delivered:
        • In the unfortunate event that you receive a delivery whereby the goods delivered to you does not match your products or its quantity as per your waybill/purchase order, you agree to notify us immediately upon receipt of such delivery on 0861 71 72 73, to have the incorrect goods collected and the correct goods delivered to you.

      • 8.3. Damaged Goods delivered:
      • Please notify us within 24 hours of receipt of delivery on 0861 71 72 73, in the regrettable event that you receive a damaged product. We will do our best to have the damaged product collected and a new product delivered to you within a maximum of 48 hours (weekdays only).

    • 8.4. Price of delivery:
    • Delivery prices differ and is determined by:

      • 8.4.1. Location within major centres or outlying Delivery Areas
      • 8.4.2. Type of delivery. (Normal order, special order, customer order)
      • 8.4.3. Weight and Dimensions of the total purchase order.
      • 8.4.4. In the event of special delivery deals, the price of the product or total purchase order value could determine the delivery rate.
      • 8.4.5. The price of your delivery is calculated automatically and will be displayed before the payment process, in the shopping cart and at checkout.
    • 8.5. Delivery Periods important to note:
      • 8.5.1. Delivery service will start on payment confirmation received (or only after requested supporting documents like the verification of a TV License and a copy of an I.D) have been received.
      • 8.5.2. We deliver from Monday to Friday from 08:00 to 17:00 to both business and residential addresses. No deliveries take place on a Saturday or Sunday or any other Public Holiday. We may request identification upon delivery.
    • 8.6. Duration of delivery:
    • Delivery periods will be effected as per selected delivery type and delivery province and / or area after collection from point of dispatch and between Major Centre's from Monday to Friday.

      It is important to note that delivery timelines differ and is determined by province:

      • 8.6.1. Eastern Cape: 21 – 28 Days
      • 8.6.2. Free State: 14 – 21 Days
      • 8.6.3. Gauteng: 3 – 7 Days
      • 8.6.4. KwaZulu-Natal: 3 – 14 Days
      • 8.6.5. Limpopo: 3 – 7 Days
      • 8.6.6. Mpumalanga: 7 – 14 Days
      • 8.6.7. Northern Cape: 21 – 28 Days
      • 8.6.8. North West: 14 – 21 Days
      • 8.6.9. Western Cape: 21 – 28 Days
    9. CREDIT TERMS AND CONDITIONS

        The monthly instalment and total credit price include interest as shown, basic insurance, initiation fee, service fee and VAT which is in line with chain deal calculator.)

        Delivery charges, deposit, comprehensive insurance and extended warranties are excluded. ‘Credit’ and ‘No Deposit’ offers remain subject to credit approval, an affordability assessment as required by the National Credit Act and a debit order where relevant.

        INTEREST RATE, DEPOSIT, INSTALMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND LOAN TERM.

        Rochester may require you to produce proof of an insurance policy or take up insurance with us. The minimum application requirements include a copy of an ID document, latest payslip, 3 months’ bank statements, monthly expense details and your household content insurance or Credit Life policy documents. These requirements depend on your employment status and risk profile. All offers are valid while stocks last and cannot be used with other in-store promotions. Ask the sales representatives for details. Unless otherwise stated, matching products and complementary accessories are not included in the price shown. All major credit cards accepted.

        Connect Financial Solutions (Pty) Ltd, (Reg no.: 2018/431596/07) is an authorised Financial Service provider and a registered Credit Provider (NCRCP11158) trading as Rochester.

    • 9.1. Quick On-Line Credit App Terms and Conditions (T&Cs)
    • 9.1.1. General.
    • 9.1.2. 1 Quick On-Line Credit App is subject to your acceptance of the T&Cs set out. By clicking on the tick-box provided, you acknowledge that you have read and understood the use of the website’s terms and conditions and the Quick On-Line Credit App and agree to be bound by them.
    • 9.1.3. These T&Cs must be read together with our website Terms of Use, a copy of which can be found at www.Rochester.co.za or you can request them from us by email or calling by our call centre.
    • 9.1.4. Quick On-line Credit App Process..
    • 9.1.5. By completing and submitting this Quick On-Line Credit App, you;
    • 9.1.6. confirm that you have read and understood these T&Cs, the meaning and that the Quick On-Line Credit App is subject the full credit application terms and conditions which include an affordability assessment as required by the National Credit Act, as amended to, (“NCA”);
    • 9.1.7. confirm that you are the person whose details you have given to us as the applicant in the quick online credit app;
    • 9.1.8. confirm all information that you provide us is truthful, complete and correct. You must immediately notify us if any of your information changes;
    • 9.1.9. confirm you can apply for credit and to enter a credit agreement with us which includes that you are mentally sound, not under the influence of alcohol or drugs, above the age of 18 and got written consent from your spouse or civil partner. (where applicable);
    • 9.1.10 consent to the further processing of your personal information for purposes relating to the Quick On-Line Credit App, including any Credit Bureau and other agencies, as permitted by law,
    • 9.1.11. Once you receive confirmation that you qualify for credit confirmation of which you will receive by email and/or SMS, we require that you visit any Rochester store, quote your ID number or passport number and complete a full credit application.
    • 9.1.12. Minimum full credit application T&Cs include:
    • 9.1.12.1. ID Book or Passport (for non-RSA nationals);
    • 9.1.12.2. latest payslip;
    • 9.1.12.3 (three) months’ bank statements;
    • 9.1.12.4monthly expense details and your household content insurance and/or Credit Life policy documents;
    • 9.1.12.5 these requirements are dependent on your employment status and risk profile. INTEREST RATE, DEPOSIT, INSTALMENT AND CREDIT PRICE MAY VARY BY CREDIT PROFILE AND TERM LOAN.
    • 9.1.12.6 The Quick On-Line Credit App is subject to the verification of the identification of the applicant being above the age of 18, who has a valid identity document or passport.
    • 9.1.12.7. Your Quick On-Line Credit App offer will only be valid for 7 (seven) days from Quick On-Line Credit App Date.
  • 9.2. Disclosures and consent
  • 9.2.1. Connect Financial Solutions (Pty) Ltd (Reg no.: 2018/431596/07) an authorised Financial Service provider and a registered Credit Provider (NCRCP11158) trading as Rochester.
  • 9.2.2. You consent to and agree that Pepkor Trading (Pty) Ltd can access any of your personal information required from any Credit Bureau and other agencies, as permitted by law, to:
  • 9.2.3. make enquiries to get or confirm your credit profile and repayment behaviour;
  • 9.2.4. to supply and/or submit any information about you or provided to us by you;
  • 9.2.5. seek, verify and receive information from any credit bureau or a third party (with whom you have financial relations) when assessing your quick online credit app or your creditworthiness;
  • 9.2.6. to disclose the above information as required in law; and,
  • 9.2.7. to keep records of your personal and credit information in any database under the “NCA”) requirements.
  • 9.2.8. You acknowledge and understand that a credit bureau will provide us with credit profile information and possibly a credit score reflecting your creditworthiness. You cannot hold us responsible for any loss that you may suffer or damage that you may incur caused by any credit bureaus or agency.
  • 9.3. Information Security Policy
  • 9.3.1. You agree to keep your information safe and to not disclose it to any unauthorised third party. You further agree that we cannot be held liable for any damages or loss sustained by you because of such information becoming known to third parties, whether through your actions or fraud, malware or phishing.
  • 9.3.2. We reserve the right to suspend any account that we believe may have been compromised accordingly.
  • 9.3.4. You must notify us immediately if you believe that we have processed your information without your permission. You can contact us on our call centre number or e-mail address as per the details below.
  • 9.4. Law
  • 9.4.1. This Quick On-Line Credit App is governed by the laws of the Republic of South Africa, irrespective of whether you are South African or are accessing our website outside of the Republic of South Africa.
  • 9.4.2. In terms of the Electronic Communications and Transactions Act of 2002, as amended, (“ECTA”) these Ts&Cs are binding and legally enforceable against you. We do not sell any products via this Quick On-Line Credit App, and ECTA relating to electronic transactions do not apply regarding the Quick On-Line Credit App.
  • 9.4.3. You may resolve any dispute that may arise between us by alternative dispute resolution, or to file a complaint with the National Credit Regulator, (“NCA”) or to apply to the Tribunal as per details below.
  • 9.4.4. Subject to the “NCA”, we may, from time to time, update or change these Ts&Cs. We recommend that you read these Ts&Cs every time you access and use our website. Amended Ts&Cs will bear a different version number on the footer of each page and will supersede and replace any previous Ts&Cs.
  • 9.4.5. No indulgence or extension of time that either you or us may grant to the other will make up a waiver or, limit any existing or future rights of the grantor in terms except if the grantor has signed a written document expressly waiving or limiting such rights.
  • 9.4.6. We are entitled to cede, assign and delegate all or any of the rights and obligations in terms of these T&Cs without notice to you.
  • 9.4.7. All provisions of these Ts&Cs are, notwithstanding how they have been grouped or linked grammatically, severable from each other. Any provision of these Ts&Cs which is, or becomes unenforceable, whether because of being voided, rendered invalid, illegal, unlawful or for any other reason whatever, shall, only if it is so unenforceable, be treated as not having been written and the remaining provisions of these Ts&Cs shall remain in full force and effect.
  • 9.5. Contact Details
  • The following contact details are hereby disclosed:

    Customer Care: 010 211 1120 or [email protected]

    Credit Ombudsman: 086 1662 837

    National Credit Regulator: 086 062 7627

    Credit Bureau: 086 1128 364

    10. DEFINITIONS
    • 10.1. Quick On-Line Credit App Terms and Conditions (T&Cs)
    • In this agreement, unless the context shows differently: -

    • 10.1.1. “Agreement” means these terms and conditions, including the Schedule and all written notices that the supplier has given to the consumer;
    • 10.1.2. “business day” means any day except a Saturday, Sunday or South African public holiday;
    • 10.1.3. “consumer”/ “you”/ “your” means the person who has agreed to enter this Agreement and whose details are recorded in the Schedule;
    • 10.1.4. “Schedule (s)” means the Retail Lay-by Schedule attached to these terms and conditions which records the purchase price of the goods, the number of amounts to be deposited, the quantity of the amounts to be deposited, the dates on which the amounts need to be deposited and any other Schedules which may be attached hereto by agreement between the parties;
    • 10.1.5. “supplier”/ “we”/ “us”/ “our” means JDG Trading Pty (Ltd);
    • 10.1.6. “VAT” means the value-added tax chargeable under the Value-Added Tax Act 89 of 1991;
    • 10.1.7. the headings of the various clauses in this Agreement have been inserted purely for convenience, and they will not be used to interpret the Agreement.
    • 10.1.8. any reference to a gender includes the other genders; and
    • 10.1.9. the singular includes the plural and vice versa (the other way around).
  • 10.2. INTRODUCTION/li>

    You have agreed: -

  • 10.2.1. to buy the goods set out in the Schedule on lay-by; and
  • 10.2.2. to pay for the goods by making regular deposits until payment of the full purchase price, as set out in the Schedule.
  • 10.2.3. You understand and agree that the goods will not be delivered to you and you will not become the owner thereof until you have paid the full purchase price for the goods. The goods will remain at our risk until you have accepted delivery of them
  • 10.3. Quick On-Line Credit App Terms and Conditions (T&Cs)
  • 10.3.1. this Agreement represents the entire agreement between you and the supplier and that no alterations or additions to this Agreement may be effected unless agreed to by both parties, reduced to writing and signed by you and a duly authorised representative of the supplier; and
  • 10.3.2. for this Agreement “signature” or “signed” does not include an electronic signature as contemplated in the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”).
  • 10.4. PAYMENT OF DEPOSIT AND INSTALMENTS.
  • 10.4.1. You understand and agree that:
  • 10.4.1.1.
  • 10.4.1.2 if before the full purchase price of the goods is paid by you, the VAT rate is changed concerning the supply of the goods, we may recover the VAT increase from you before delivery of the goods.
  • 10.4.2. The Agreement will start upon signature of the Agreement and payment of the initial deposit set out in the Schedule.
  • 10.4.3. Thereafter, you must deposit the monthly amounts by the due date until the last payment date. You must deposit all amounts at the address of the store, as detailed in the Schedule, or via a direct deposit into the bank account of the store.
  • 10.4.4. We will apply the deposits towards the settlement of the purchase price on the last payment date.
  • >10.5.
  • 10.5.1. If you end the Agreement before paying the full purchase price, or fail to complete the payment for the goods within 60 (sixty) business days after the last payment date, we:
  • 10.5.2. may charge a termination penalty of 1% of the full purchase price of the goods. At your request, we will provide you with written details on how the penalty was calculated. We will not charge a termination penalty if sufficient proof that your failure to complete payment was due to death or your hospitalisation;
  • 10.5.3. after deducting the termination penalty (if any), we will refund you any amounts paid by you under this Agreement;
  • 10.5.4. You understand and agree that if the agreement had been terminated for any reason and you wish to buy other or similar goods, they will require you to agree with us and the current price of the goods will then apply.
  • 10.6. STATEMENTS OF ACCOUNT AND CONTACT DETAILS.
  • 10.6.1. We will deliver a monthly statement of account to you by email or SMS, as elected by you.
  • 10.6.2. You must check each statement as soon as you receive it and inform us within 7 days of receipt if you think a statement is not correct.
  • 10.6.3. It is your responsibility to provide us with the correct contact details and to inform us of any changes.
  • 10.7. <>DELIVERY OF GOODS.
  • 10.7.1. We will make every reasonable effort to deliver the goods to you as soon as possible after we have received the full purchase price of the goods
  • 10.7.2. We cannot be responsible for failure to perform or to deliver or delays in performance or delivery due to circumstances beyond our control (“force majeure”.) We will not be liable to you for any loss arising from any failure or delay in performance or providing the goods resulting from “force majeure” events. We will use reasonable attempts to continue to perform in terms of this Agreement as soon as performance becomes possible. We may contact you to agree on alternative dates for delivery, but will not require you to accept delivery at an unreasonable time.
  • 10.7.3. You understand and agree that the goods, as set out in the Schedule, are identified and described by style, make, model, kind, design or category (“Type”). This does not mean that we set aside specific goods for the duration of the Lay-by agreement, but that we deliver that Type to you after receipt of the full purchase price for the goods.
  • 10.7.4. If for reasons beyond our reasonable control, we cannot deliver that Type to you, we will, at your option: -
  • 10.7.4.1. . supply you with an equivalent quantity of goods that are comparable or superior in description, design or quality; or
  • 10.7.4.2. refund to you the amounts deposited with us for the goods, with interest, under the Prescribed Rate of Interest Act 55 of 1975.
  • 10.7.5. It is your responsibility to provide us with the correct delivery address before delivery of the goods.
  • 10.8.TRANSFER OF RIGHTS.
  • 10.8.1. Unless you have got our prior written consent, it will not entitle you to cede, delegate, assign or transfer all or any part of your rights or obligations under this Agreement.
  • 10.8.2. You allow us and agree that we may cede any part or all of our rights under this Agreement or transfer any part or all of our rights or obligations (whether by delegation or assignment) under this Agreement to any third party. You further agree that it shall not be necessary for us to provide prior notification to you in the event of any such cession or transfer.
  • 10.9. CONTACT DETAILS.
  • The following contact details are hereby disclosed:

    Customer Care:………………. 0861 71 72 73

    National Consumer Commission:… 012 761 3000

    Consumer Goods and Services Ombudsman:… 0860 000 272

  • 10.10. ADDRESS FOR NOTICES AND LEGAL PROCESSES.
  • 10.10.1. You agree to accept any notice and legal processes under this Agreement at the address recorded in the Schedule. (This address is known in law as your domicilium citandi et executandi or domicile address).
  • 10.10.2. We choose as our domicile address where you must deliver all notices and legal processes as Marlboro House 6 Eastern Service Road Eastgate, Sandton 2090.
  • 10.10.3. If you want to change the address where you agree to accept notices and legal processes, then you must send us a notice in writing by registered post. The notice must: -
  • 10.10.3.1 . inform us you are changing your address; and
  • 10.10.3.2 set out the new address at which you agree to accept notices.
  • 10.10.4. Any new address must be a physical address in the Republic of South Africa.
  • 10.10.5. If we send a notice to you: -
  • 10.10.5.1 by prepaid registered post to your address, we will treat it as if you have received it 7 (seven) days after posting; and
  • 10.10.5.2 by hand, we will treat it as if you have received it on the date of delivery.
  • 10.10.6. When we treat a notice as if you have received it by a certain date, it means that we do not have to prove that you received it then. If you claim that you did not receive the notice by that date, then you will have to prove it.
  • 10.11. GOVERNING LAW AND JURISDICTION.
  • 10.11.1.This Agreement is governed by the laws of the Republic of South Africa.
  • 10.11.2. You agree that the supplier may bring legal proceedings against you relating to this Agreement in any Magistrate’s Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent the supplier from bringing legal proceedings in a High Court that has jurisdiction.
  • 10.12. GENERAL.
  • 10.12.1. We do not lose any of our rights under this Agreement if we do not insist immediately and in every instance on these rights. You may not use it as a defence if we had a right which we did not enforce at the relevant time.
  • 10.12.2. If any term or condition of this Agreement becomes unenforceable for any reason, that term or condition is severable from and shall not affect the validity of any other term or condition in this Agreement.
  • 11. ONLINE EXCLUSIVE PROMOTIONS:
    • 11.1. These Terms of the Online Exclusive Offers (Promotion) together with the Rochester Standard Terms and Conditions www.rochester.co.za set out the terms and conditions that will apply when you place an order through the Rochester operated website only and you purchase goods advertised as part of this promotion. Please note that the terms and conditions that apply to this promotion differ in certain parts from the terms and conditions that apply to order other products. We will explain later such differences in these Terms. If you cannot understand or have questions about these Terms, please contact Rochester on 0861 71 72 73. Please note that these Terms are subject to change so review and save or print a copy of the current terms and conditions before each order that you submit.
  • 11.2. The Promotion is the sale of certain online-only products as advertised on the specific product, for the advertised specific day, whereby the advertised goods will be sold at a discounted price for that specific day, and available for purchase online only.
  • 11.3. The Promotion starts at Rochester online only on the advertised and advertised day at 08:00 am and ends on the advertised and mentioned day at 00:00 pm. We will accept no purchases after midnight on the advertised and mentioned day.
  • 11.4. You will need to be logged into the Rochester website to use the promotion.
  • 11.2. ORDER AND ACCEPTANCE
  • 11.2.1. Each order submitted, which includes the receipt of the full purchase price, makes up an offer to purchase products. Orders are subject to Rochester acceptance and may be refused at Rochester discretion, for example, where:
  • 11.2.1.1 We cannot process orders because of an error in the information you have provided;
  • 11.2.1.2 There is an error on the website relating to the products you have ordered, for example, an error relating to the price or description of the product as displayed on the website; or
  • 11.2.2. The products you ordered are no longer available on the website.
  • 11.2.3. After Rochester receives your order, you will receive an email confirming receipt of your order. If you do not receive an email, contact Rochester before you try to place another order for the same product.
  • 11.2.4. You will receive an email when your order is being dispatched confirming that your order was accepted and is on its way to you.
  • 11.2.5. If you have questions regarding Rochester order acceptance policy (Agreement of sale), or if you consider that your order was rejected in error, please contact Rochester on 0861 71 72 73.
  • 11.3. PRODUCT AVAILABILITY
  • 11.3.1. Rochester has the Right to change information about products displayed on the website. For example, information about prices, description or the availability of products and may do so without first giving you notice of the changes.
  • 11.3.2.Rochester will not, however, change the price, availability or description of any product after we have accepted an order and cannot guarantee the performance of any third party and shall not be held liable for any act or default by a third party.
  • 11.3.3. Because of the stock quantity, each customer may not purchase more than one product using this Promotion.
  • 11.4. CUSTOMER STARTED ORDER CANCELLATIONS AND CHANGES
  • 11.4.1. You can change or cancel your order before we have processed your order. To change your processed order, please contact Rochester. If we have already dispatched your order, you can request a refund of the product, please see our Return Policy. WHERE?
  • 11.5. DELIVERY
  • 11.5.1. Any delivery dates provided to you in connection with your order are estimates. Although the aim is to provide you with as accurate estimates as possible, Rochester cannot promise that they are accurate.
  • 11.5.2. The product that is delivered to you will become your property at the time that you receive it, provided that Rochester has received full payment for the product. As soon as Rochester has delivered the product to you, you will become responsible for it and any loss or damage to it thereafter.
  • 11.5.3. Please see the delivery policy for further details.
  • 11.6. GENERAL
  • 11.6.1. Participants of this promotion agree that Rochester will, subject to prevailing law, have no liability for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the promotion, or participation in this promotion.
  • 11.6.2. If they deem any provision or part of these rules void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the rest of these Rules shall remain in force.
  • 11.6.3. Any violation of these rules will cause the immediate disqualification of the transgressing participant from the promotion.
  • 12. TELEVISION LICENSE
    • 12.1. Rochester requires you to produce a valid TV license and ID document when purchasing a TV. First-time buyers may purchase a TV license in-store.
    • In terms of the Broadcasting Act and Television License Regulations, license holders are required to note and/or comply with: Statutory obligations of a television license:

    • 12.1.1. A television license is valid only at the permanent address reflected on the license.
    • 12.1.2. A person purchasing a television set must have a valid (paid-up) TV license.
    • You may not purchase a television set using someone else’s TV license.

    • 12.1.3. When taking out a domestic/household television license for the first time, we require a person to provide his/her details: surname, initials, a copy of an ID document, fixed address and contact details.
    • 12.1.4. When renewing a television license, we require a person to present an existing license, a copy thereof, or a renewal notice
    • 12.1.5. A license holder must notify the SABC, in writing, of a change of address within 30 days.
    • 12.1.6. A television license is not transferable from one license holder to another except between spouses or between unmarried “life partners” in a permanent relationship or upon the death of a husband/wife or partner.
    • 12.1.7. A single domestic television license is required per household regardless of the number of TV sets, provided that all sets used are at the license holder’s residential premises.
    • 12.1.8. Rochester requires a separate domestic television license at the full annual tariff for an additional TV at a new residential property (e.g., a holiday home) since it involves a different physical address.
    • 12.1.9. “Family members of a television license holder”–defined as all persons who are permanent residents with the license holder, and; depend on him/her, and are owed a legal duty of support by the license holder–are covered by a single TV license in his/her name. A person has to meet all three conditions to be covered by a household’s TV license. Such domestic license covers a license holder and his/her immediate, dependent family members–with a married couple, a husband/wife and his/her dependent, minor children. Adult (non-dependent) children or more distant relatives–such as adult children, parents/ grandparents, brothers/sisters, uncles/aunts–or boarders or lodgers sharing a family’s home, are not defined as family members. They are separately liable for television sets in their possession and/or used by them.
    13. OWNERSHIP AND CONTENT

        All materials published on the Rochester website are protected by copyright and owned or controlled by Rochester or the party accredited as the producer of the content, software or other material. We shall construe nothing in these terms and conditions of use as conferring by implication or otherwise, any license or right under this copyright, trademark, database right or other intellectual property or proprietary interest of Rochester or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of Rochester or are used by Rochester under license. Rochester will prosecute any violation of intellectual property rights to the fullest extent that the law permits. We prohibit reproduction of part or all of the contents in any form other than strictly for individual use.

        If you respond to Rochester via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential. Rochester will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Rochester will also be able to use any ideas, concepts, know-how or techniques in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information. You consent to the aforesaid use of such information. By submitting information, you agree that Rochester may publish the information, use it as part of its operations, and incorporate its concepts in Rochester goods or for any other purposes, which Rochester considers necessary, without liability.

        Rochester will deal with your personal information in terms of the privacy policy: http://www.Rochester.co.za/privacy/

    14. DISCLAIMER
      • 14.1.1. When you visit the Rochester Website, you consent to receive communication from Rochester electronically and agree that all agreements, notices, disclosures and other communication sent by Rochester satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
      • 14.1.2. You ensure that the goods are fit for the purpose for which you want to buy them and are in excellent condition and free of any form of defects before you take delivery of the goods. It is the responsibility of the customer to ensure, before delivery, that the goods listed on the till slip or your purchase order correspond in description, price and quantity with the goods purchased. You agree to adhere to the user/manufacturer’s instructions and ensure that you make yourself aware of all product warnings and safety instructions before the installation or use of all products purchased from Rochester. You are to keep proof of any repairs conducted and allowed by Rochester and proof of purchase on all returned goods.
      • 14.1.3. You must make sure of all measurements and sizes before purchasing your goods, as we will not replace or refund you if the goods do not fit into the room/intended location or through a door.
      • 14.1.4. The onus is on you to advise us if the goods are for a particular purpose when entering the transaction, and we cannot be held liable if you have not advised us of the goods particular purpose.
      • 14.1.5. Rochester provides the website “as is” and “as available” and to the extent permissible by law disclaims warranties including but not limited to a warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website is free from defects, uninterrupted and error-free. While Rochester attempts to provide accurate and timely information, Rochester cannot guarantee this. Rochester may correct and change the website if required. The Rochester goods and services described on the website are available in RSA, through the Rochester branch network.
      • 14.1.6. Although Rochester has tried to display the goods and their colours as accurately as possible, the displayed products and colours of the products will also depend upon your equipment and Rochester cannot guarantee that your equipment will display an accurate representation of the actual goods or their colours. Rochester will not be liable for any other website provided by any third party. It does not include all accessories shown with products for presentation in the price, nor are such products guaranteed to be available for sale by Rochester. In the event of delivery delays or out-of-stock situations, we will notify you and we will do our very best to ensure a speedy fulfilment.
      • 14.1.7. Image Disclaimer: Where products are displayed with compatible devices, we will not include these devices as part of the sales price unless specifically identified as part of a product bundle. In all other cases, we show images to display products within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions.
    15. LIMITATION OF LIABILITY

        Rochester is to be exempted from any liability due to a customer failing to provide accurate registration information, or a customer failing to view special warnings, etc.

        Subject to applicable law, you agree to indemnify, defend, and hold Rochester harmless against any claim or liability (including attorneys’ fees) arising out of your use of the website.

    16. AVAILABILITY AND TERMINATION OF ORDERS

        Rochester may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for specific performance and damages. Save for certain exceptions (Software, Games, Music, and DVD) and subject to certain charges.

    17. GOVERNING LAW AND JURISDICTION

        This Agreement is governed by the laws of the Republic of South Africa.

        You agree that we may bring legal proceedings against you relating to this Agreement in any Magistrate’s Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent us from bringing legal proceedings in a High Court that has jurisdiction.

        We choose as our domicile address where you must deliver all notices and legal processes, the following address: Marlboro House, 6 Eastern Service Road, Eastgate, Sandton, 2090.

    18. ROCHESTER BLACK FRIDAY COMPETITION

        1. This competition is promoted by JD Group a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and with Rochester being a brand of the JD Group (the “Promoter”).

        2. This Competition shall be conducted in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008.

        3. These Terms and Conditions should be read together with the online terms and conditions displayed on rochester.co.za/rochester-terms-and-conditions

        4. Competition Period

        The Competition runs from 02 – 20 November, both dates inclusive. (the “Competition Period”). No entries will be accepted after midnight on 20 November 2020.

        5. Who Can Enter (the “Participant”)

        You are entitled to participate in this Competition if you are a natural person, 18 (eighteen) years or older, who is either a South African citizen or carries a valid work permit. The Promoter reserves the right, at any time, to verify the validity of a Participant (including but not limited to a participant’s identity and age) and to reject any Participant who has not complied with these terms and conditions. Errors and omissions may be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

        6. Exclusions

        Directors, members, employees, agents of, or consultants to the Promoter and its subsidiaries, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this Competition, or if you are any of the aforementioned persons' immediate family, including spouses, life partners, parents, children and siblings, are excluded from being entered into this Competition.

        7. How to Enter

        A Participant must add the personal details on the Black Friday page to Enter.

        8. Number of Entries per Participant

        One entry per person

        9. Entry Fee

        There is no entry fee to participate in the Competition.

        10. The Prize

        Win 1 of 5 Rochester vouchers with R2000.00

        11. Winning draw and Winner’s Rights and Obligations

        11.1 The Winners will be chosen randomly under the supervision of an independent accountant, registered auditor or attorney.

        11.2 The draw will take place on the 27th of November 2020, the winner will be posted and notified via a phone call. The winners will be contacted by head office and posted on the Rochester webpage.

        11.3 Should the Competition draw be postponed, a decision which will be in the sole discretion of the Promoter, to another date for any reason whatsoever, the new draw date will be published on the website cited below within 4 (four) days after the original draw date.

        11.4 The random entry drawn will be independently audited by an independent accountant, registered auditor or attorney to establish whether it meets the Competition qualifying criteria and if so that the Participant will be the Winner (subject to the Promoter being able to contact the Winner). If the qualifying criteria are not met further random draws will take place until a randomly selected valid entry meets the eligibility criteria.

        11.5 The Winner will be notified via telephone within 48 (forty-eight) hours of the random draw taking place. The Promoter will attempt contact the Winner at least 3 (three) times, but if the Promoter is unable to contact the Winner within 2 (two) days after the first attempt, through no fault of the Promoter, the Prize will be awarded to the next eligible Winner. The Winner will also be announced on the Promoter’s webpage.

        11.6 The Winner may be asked to participate in marketing activities, including by having his/her photograph taken, but he/she will be entitled to decline to do so.

        11.7 The Prize is exclusively for the benefit of the Winner and is neither transferable nor exchangeable for cash or otherwise. The Prize must be taken up within 3 (three) weeks after the Winner has been announced.

        11.8 The Winner will be required to complete a declaration acknowledging receipt of the price and that he/she is not connected to the Promoter as stipulated in clause 5 above.

        11.9 By entering into the Competition, a Participant consent to the Promoter sending competition material during and after this Competition, in accordance with the Protection of Personal Information Act (“POPI”).

        11.10 Participants of this Competition are voluntarily providing their personal information as envisaged by POPI to the Promoter, its associated agencies and the third party service providers running the Competition in conjunction with the Promoter.

        11.11 By entering this competition, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPI of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.

        11.12 By participating in this Competition, a Participant agrees to all the Competition Rules set out above, without exception.

        11.13 The Winner agrees that upon winning the Prize, no further prizes in any competitions or give-away or similar campaign of Promoter or JD Group of which the Promoter forms part, will be awarded to the Winner for a period of 3 (three) months, irrespective of whether the Winner has entered or qualified prior to or after the date on which the Prize was awarded to the Winner.

        12.General

        12.1 The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without prior notice or liability. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Competition agree that the Promoter will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in this Competition.

        12.2 The laws of the Republic of South Africa govern this Competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Competition Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing Participant from the Competition.

        12.3 The Promoters decision is final, and no correspondence will be entered into.

        12.4 No liability shall lie on the Promoter in favour of any Participant, Winner (s) and/or third party arising from cancellation, suspension or termination. Therefore, the Participant waives any and all rights which they may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of any nature whatsoever against the Promoter.

        12. A copy of these Competition Rules is available at rochster.co.za

    19. VOUCHER REDEMPTION - BLACK FRIDAY PROMOTION

        1. This is a promotional offer (the “Offer”) as defined in the Consumer Protection Act no. 68 of 2008 (CPA), as amended from time to time. These Terms and Conditions will govern the redemption on your Voucher from any Rochester (the “Company”) or any Company to whom the Company has ceded the rights and obligations.

        2. This Voucher (the “Offer”)is promoted by Rochester a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and with Rochester, being a brand of the JD Group (the “Promoter”.

        3. By purchasing, redeeming or attempting to redeem a voucher, you accept and agree to be bound by these Voucher Terms & Conditions and acknowledge you have read and understood these Voucher Terms & Conditions.

        4. This Voucher can be redeemed online at rochester.co.za and in-store.

        5. Vouchers are issued at the discretion of JD Group.

        6. Vouchers are non-refundable and cannot be exchanged for cash.

        7. Vouchers may not be used in conjunction with any other reward, voucher or discount.

        8. Vouchers are issued with specific terms and conditions that regulate how and when they can be used. For example, a voucher may only be redeemed for the purchasing of an item within approved chain stores during a specific validity period.

        9. The use of a voucher may also be limited by the total discount value available to all users for the promotion of a specific voucher.

        10. All vouchers are valid for a maximum period of 6 months unless otherwise stipulated.

        11. Only one voucher can be used per purchase.

        12. The onus is on the customer to check the full voucher T&Cs issued with the voucher and to ensure they understand the voucher’s applications and limitations.

        13. Any fraudulent or abusive behaviour, not limited to the creation of multiple Rochester accounts, in order to benefit unduly from a voucher, is abuse of the benefit and Rochester reserves the right to deactivate a customer’s account; to cancel and not to honour any related purchases.

        14. Purchase authorisation will be declined if these terms and conditions are breached.

        15. A voucher can be applied to any item, and the discount value of the voucher will be deducted from the total purchase price value of item/s. If the total value of your purchase exceeds the value of the voucher used, the balance is required to be paid by you. Any outstanding difference between the voucher and the amount of the purchase price must be paid before the expiry date of the quotation provided.

        16. If the full value of your voucher is not utilised on your first purchase, the balance will be remaining on your voucher and this can be used for future purchases provided the voucher is still within the validity period. Using part of the voucher will not change the original voucher validity period.

        17. Any balance that remains on the voucher after the voucher validity period has ended will no longer be available for use.

        18. Vouchers are no longer redeemable after the voucher validity period has ended and as such will no longer be available for use.

        19. Additional values cannot be added to existing vouchers.

        20. In the event a purchase is cancelled by the customer after voucher redemption, the discounted voucher amount will not be reallocated or refunded and the voucher will be forfeit in its entirety.

        21. Rochester reserves the right to amend these Voucher Terms & Conditions at any time.

        22. Changes to the Voucher Terms & Conditions will be available on the Rochester Website: rochester.co.za or rochester.co.za/rochester-terms-and-conditions

        . In this regard the onus is on the customer to visit the Rochester website regularly to check whether the Voucher Terms & Conditions have changed.

    20. REVOLVING CREDIT TERMS AND CONDITIONS

    The credit provider and the consumer hereby conclude a credit facility agreement subject to the terms and conditions of this agreement, read with the schedule to the agreement.

    1. THE AGREEMENT

    1.1 The consumer hereby agrees to borrow from the credit provider the loan amount set out in the schedule to this agreement and to pay to the credit provider the amounts set out in the schedule to this agreement, subject to the terms and conditions set out herein.

    1.2 The parties record that this agreement is a credit facility as defined in the National Credit Act No.34 of 2005 as amended (NCA) and that the NCA is applicable to this agreement.

    1.3 The schedule to this agreement, ("the Schedule") setting out information regarding the loan amount borrowed and the payment terms, forms part of this agreement and must be read as such

    1.4 The consumer acknowledges that he/she has received a Quotation and Pre-Agreement Statement (which includes a Summary of Rights, Obligations and Security) in terms of the NCA.

    1.5 The credit provider is not the supplier or merchant of the goods or services purchased on the credit facility:

    1.5.1 the credit provider will have the right to pay the suppliers the amount appearing on the voucher and debit the consumer’s account facility with such amount;

    1.5.2 the credit provider will not be liable for any costs, damages, expenses or losses which arise as result of a dispute with the supplier or merchant;

    1.5.3 the credit provider will not be party to any dispute with the supplier or merchant and the consumer should resolve such dispute with the supplier or merchant directly subject to section 5(2)(d) of the Consumer Protection Act as amended.

    1.6 It is recorded that the consumer may elect and instruct the credit provider to either:

    1.6.1 pay the whole amount to the consumer, by paying the loan amount to the account nominated by the consumer for purposes of the payment of monthly installments by way of a monthly debit order, or where offered

    1.6.2 pay the whole of the loan amount to a third party nominated by the consumer in the schedule to this agreement, or where offered

    1.6.3 pay a portion of the loan amount to the consumer into the account mentioned in paragraph 1.6.1 and the remainder of the loan amount to a third party nominated by the consumer in the schedule to the agreement.

    1.6.4 A reference to legislation is a reference to legislation as at the date of enactment of the legislation or as it is amended or re- enacted from time to time, and includes all regulations issued under that legislation.

    2. THE PRINCIPAL DEBT & COST OF CREDIT

    2.1 The principal debt applicable to this agreement is the credit advanced by the credit provider to the consumer, being the loan amount advanced plus the additional charges permitted by section 102 of the NCA.

    2.2 The quotation sets out the cost of credit of the credit facility and the credit limit reflected in the quotation is the maximum amount the consumer qualifies for as at time of application;

    2.3 The installment reflected is the minimum installment due by the consumer, using the assumption that the facility is utilised on the 1st day of the Agreement or the fixed installment.

    3. INITIATION FEE

    3.1 The credit provider shall be entitled to charge the consumer the maximum initiation fee permitted in terms of the NCA and the regulations thereto.

    3.2 It fee reflected in the schedule upfront. is recorded that the consumer has the option of paying the initiation

    4. SERVICE FEE

    4.1 The consumer will be charged a pro rata service fee in the first month of billing which is subject to the conclusion of this agreement.

    4.2 The credit provider shall be entitled to charge the consumer the maximum monthly service fee permitted in terms of the NCA and the regulations thereto.

    4.3 Any reduction of the service fee granted to the consumer (including the charging of a discounted service fee at the commencement of the agreement) shall be entirely within the credit provider’s discretion and may at any time be increased to the maximum permissible amount, subject to such notice as may be required by the NCA, if any, being given to the consumer.

    5. INTEREST

    5.1 The consumer shall be obliged to pay interest on the balance of the principal debt from time to time at the rate specified in the Schedule, calculated daily and compounded monthly in arrears on the date the monthly installments are payable in terms of the schedule.

    5.2 In the event that the consumer fails to pay any installment or any other amount due on the due date, such overdue amounts shall bear interest at the maximum interest rate applicable to an agreement of this nature, as prescribed by the National Credit Act and any Regulations thereto, at the specific time of default.

    5.3 Subject to the provisions of the NCA and the Regulations thereto, the interest rate shall be calculated at a variable rate which is linked to the SA Reserve Bank Repurchase Rate (“Repo Rate”).

    5.4 The calculation of interest shall be in accordance with the NCA and the Regulations thereto.

    5.5 The credit provider will communicate changes to the interest rate to the consumer.

    6. INSURANCE

    6.1 The consumer shall enter into a credit life insurance agreement with an insurer of his/her choice, in terms of which he/she is insured against death and disability for an insured amount not exceeding the consumer’s outstanding obligations in terms of this agreement.

    6.2 The credit provider may offer to the consumer further optional insurance in relation to his/her obligations in terms of this agreement.

    6.3 The consumer hereby authorises the credit provider to pay the insurance premiums in respect of the aforesaid policies, as set out in the schedule to this agreement, on behalf of the consumer to the insurer(s), and to recover such amount(s) as paid on behalf of the consumer.

    6.4 The consumer shall have the right to reject any particular insurance policy proposed by the credit provider and to substitute a policy of his or her own choice, provided that such policy complies with the terms of this agreement.

    6.5 The consumer hereby admits that he/she has exercised a free choice in respect of the insurer with which the aforementioned insurance policy/ies is concluded. Further, the consumer confirms that he/she had an unqualified unrestricted free choice as to:

    6.5.1 whether a new policy(ies) is taken out or whether an existing policy(ies) is used for the purpose of clause 6.1;

    6.5.2 which insurer issues the policy(ies) and which institution or person will act as intermediary; and

    6.5.3 that such free choice was exercised freely without any coercion or inducement as to the manner in which he/she exercised such free choice.

    6.6 The consumer confirms that he/she understands his/her freedom of choice as explained and that such freedom of choice was explained to him/her before any decision was made as to what policy(ies) to utilise for the purposes of clause 6.1 and 6.2.Should the consumer choose to substitute a policy of his or her own choice the consumer undertakes to give written proof to the satisfaction of the credit provider of the policy so substituted in terms of this agreement before the receipt of the loan amount advanced in terms of this agreement.

    6.7 The consumer hereby cedes the aforementioned credit life insurance policy/policies (whether proposed by the credit provider or substituted by the consumer) to the credit provider to secure the consumer’s indebtedness in of this agreement.

    6.8 The consumer shall notify the credit provider immediately of any potential claim in terms of the abovementioned insurance policy or policies and shall fully comply with all the terms of such insurance policies.

    7. PAYMENT OF INSTALMENT

    7.1 The consumer shall pay to the credit provider the instalments specified in the schedule to this agreement.

    7.2 Any instalment due in terms of this agreement, is due and payable on or before the last day of each calendar month unless prior alternative written arrangement is made with the credit provider.

    7.3 Should the consumer prepay any amount, the outstanding balance will reduce, however the consumer will not be entitled to skip any payment. The consumer is entitled to make a payment before the stipulated payment date in terms of the agreement but may not withhold payment in any given month as long as there is an outstanding balance.

    7.4 Subject to the consumer’s rights in terms of the common law, he/she shall not be entitled to withhold payment of any instalments or other amounts owing to the credit provider. The consumer will not be entitled to set off against any instalments or other amounts payable in terms hereof, any present or future claim, which the consumer may have against the credit provider, from whatever cause arising.

    7.5 All instalments shall be paid by way of a standard or an early debit order (the choice of which will be at the credit provider’s election), and the consumer authorises the credit provider to instruct the consumer’s bank to deduct a variable amount directly from the consumer’s bank account and to pay the amount due to the credit provider. The variable amount is the monthly instalment, as well as any other amounts that may be due, from time to time, by the consumer in terms of this agreement.

    7.6 The debit order authorisation and mandate in terms of this agreement may be ceded or assigned to a third party if the credit provider cedes or assigns the consumer’s indebtedness to it in terms of this agreement to that party.

    7.7 Subject to clause 21, the credit provider may allow the consumer to make payment at the address of the credit provider, as detailed in the schedule or by such other method as the credit provider may deem fit.

    7.8 The consumer may at any time, without notice or penalty, prepay any amount due to the credit provider under this agreement. The credit provider will credit each payment made under the agreement to the consumer as of the date of receipt by the credit provider of that payment, and will do so as follows:

    7.8.1. firstly to satisfy any due or unpaid interest;

    7.8.2. secondly to satisfy any due or unpaid fees or charges; and

    7.8.3. thirdly to reduce the amount of the principal debt.

    8. CREDIT LIMIT

    8.1 The credit provider may increase or decrease the credit limit upon the consumer’s instructions and in accordance with the NCA

    9. STATEMENTS OF ACCOUNT

    9.1 The credit provider shall deliver to the consumer a statement of account in the form prescribed by the NCA.

    9.2 Such statements shall be delivered at regular intervals, not exceeding three months

    9.3 The statements shall be delivered to the consumer as per the consumer’s preferred method of delivery reflected on the schedule.

    9.4 The consumer shall be entitled to dispute all or part of any incorrect credit or debit in a statement of account by delivering a written notice to the credit provider.

    9.5 The fact that a consumer did not receive a statement in a particular month does not release the consumer’s liability to pay any amount due under this agreement.

    9.6 Should the consumer not receive a statement, the consumer is to bring this to the credit provider’s attention and may obtain a balance telephonically.

    10. EARLY SETTLEMENT

    10.1 The consumer is entitled to terminate this agreement at any time either with or without notice to the credit provider, by paying the settlement amount.

    10.2 The amount, which is required to settle this agreement (“settlement amount”), is the total of the unpaid balance of the principal debt at the time and the unpaid interest charges and all other fees and charges payable by the consumer to the credit provider up to the settlement date.

    10.3. The credit provider shall provide a settlement letter which sets out the settlement amount upon the request of the consumer and such statement letter shall be valid for seven business days after delivery to the consumer.

    11. BREACH, DEBT COLLECTION AND COLLECTION CHARGES

    11.1. In the event of the consumer failing to pay any amount due in terms of this agreement, the credit provider shall be entitled to either:

    11.1.1. suspend or close the credit facility by giving the consumer written notice at least 10 days before the facility is closed;

    11.1.2. mmediately submit an early debit order instruction to the consumer’s bank to collect the outstanding amount, notwithstanding that such instruction is presented to the consumer’s bank in the same month as the consumer failed to pay;

    11.1.3. deduct such arrear amount from the consumer’s bank account through an additional debit order, which deduction made through an additional debit order will be without prejudice to the credit provider’s rights in terms of this agreement;

    11.1.4 track the consumer’s bank account and the amount owed by the consumer will be deducted and paid to the credit provider as soon as there are sufficient funds in the account, in which event payment may occur on a date that is not the consumer’s usual debit order deduction date;

    11.1.5. nstruct a firm of debt collectors registered in terms of the Debt Collectors Act, Act 114 of 1998 or a firm of attorneys to collect payment of the amount due in terms of the agreement on behalf of the credit provider

    11.2 Subject to the provision of the Debt Collectors Act and the Regulations thereto, any debt collector collecting the debt due to the credit provider shall be entitled to make contact with and demand payment from the consumer by way of personal or telephonic consultations, send or deliver letters of demand to the consumer, or to take any other lawful step to collect the amount due.

    11.3 In the event of the credit provider instructing a firm of debt collectors or attorneys to collect the debt from the consumer, the credit provider shall be entitled to charge the consumer collection costs as provided for in clause 12 hereunder.

    12. BREACH AND LEGAL PROCEEDINGS FOR THE ENFORCEMENT OF THE AGREEMENT

    12.1 In the event of the following facts occurring-

    12.1.1 the consumer failing to pay any amount due to the credit provider on the due date for such payment or breaching of any of the terms of this agreement; or

    12.1.2 the consumer being placed under provisional or final sequestration; or

    12.1.3 the consumer committing an act of insolvency as defined in the Insolvency Act, 1936; or

    12.1.4 a judgment being granted against the consumer in respect of any debt which remains unsatisfied for a period of seven days after the granting of such judgment; or

    12.1.5 any property of the consumer being attached in execution of any debt;

    12.1.6 then and in any such event, the credit provider shall, without prejudice to any other rights which it may have in law, be entitled to claim immediate payment of the full balance owing by the consumer in terms of this agreement then owing by the consumer to the credit provider, including default

    12.2. If the consumer is in default in terms of this agreement, the credit provider may draw the default to the notice of the consumer in writing and propose that the consumer refer the credit agreement to a debt counsellor, alternative dispute resolution agent, consumer court or ombuds with jurisdiction, with the intent that the parties resolve any dispute under the agreement or develop and agree on a plan to bring the payments under the agreement up to date.

    12.3. Before instituting legal action for the enforcement of the agreement, the credit provider shall comply with the provisions of the NCA

    13. DEFAULT ADMINISTRATION COSTS AND COLLECTION COSTS

    13.1 If the consumer defaults in any payment obligation under this agreement, the credit provider may levy and the consumer will be obliged to pay such default administration charges as is permitted by the NCA and the regulations thereto. Such charges will be equal to the charges payable in respect of a registered letter of demand in an undefended action in terms of the Magistrates Court Act together with necessary expenses incurred in delivering the letter

    13.2 The credit provider will be entitled to charge the consumer collection costs in respect of the enforcement by the credit provider of the consumer's payment obligations under this agreement. These collection costs will not exceed the costs incurred by the credit provider in collecting the debt

    13.2.1 to the extent limited by Part C of Chapter 6 of the NCA; and

    13.2.2 in terms of:

    supreme Court Act, 1959 and the rules of the Court;

    ii. the Magistrates Courts Act, 1944 and the rules of the Court;

    iii. the Attorneys Act, 1979; and

    iv. the Debt Collectors Act 1998, whichever is applicable to the enforcement of the credit agreement.

    13.3. Subject to the Magistrates Courts Act and the Supreme Court Act (including the rules thereto) any legal costs payable by the consumer referred to in the previous paragraph shall be on the attorney and client scale.

    14. CERTIFICATE OF BALANCE

    A certificate purporting to be signed by any manager of the credit provider, whose appointment and position need not be proved, shall constitute sufficient evidence of the amount due to the credit provider by the consumer, as well as any other fact mentioned therein, unless the amount of the indebtedness or such other fact is rebutted by the consumer on a preponderance of probability. As such, the certificate shall constitute prima facie evidence.

    15. USE OF THE CREDIT FACILITY

    15.1. The consumer will be issued with a card, which remains the property of the credit provider and upon demand must be returned.

    15.2. The card may be used to make purchases at Associated stores/stores displayed on the card and the card needs to be produced on each purchase.

    15.3. The consumer is required to sign a sales voucher (slip)

    15.4. The consumer is responsible for the safekeeping of the card and lost / stolen cards may be reported to 010 211 1120.

    15.5. In the event that the consumer fails to notify the credit provider of loss of the card, the consumer will be liable for all purchases charged to the account until such time the consumer reports the card as lost.

    16. CESSION AND ASSIGNMENT

    16.1. The consumer shall not cede, assign or transfer any of the rights or obligations in terms of this agreement without prior written consent of the credit provider.

    16.2. The credit provider shall be entitled, subject to the NCA, to cede, assign and/or transfer its rights and obligations under this agreement.

    17. ADDRESSES FOR RECEIVING OF DOCUMENTS

    17.1. All process (including summonses), documents, pleadings and notices relating to this agreement shall be served or given to the credit provider at 6 Eastern Service Road, Eastgate, Sandton, 2090 (and no other address) unless such address has been changed in writing as provided hereunder.

    17.2. All process (including summonses), documents, pleadings and notices relating to this agreement may be served or given to the consumer at the address mentioned in the schedule to agreement,unless such address has been changed in writing as provided hereunder

    17.3. As such, the parties choose the aforesaid addresses as their respective domicilia citandi (an address where service of the aforesaid documents may be effected).

    17.4. Either party to this agreement may change their address by delivering to the other party a written notice of the new address by hand, registered mail or electronic mail.

    18.DISPUTE RESOLUTION

    The consumer may resolve a complaint by way of alternative dispute resolution, file a complaint with the National Credit Regulator, or make an application to the National Consumer Tribunal.

    19. DEBT COUNSELLING

    In terms of section 86 of the NCA the consumer may apply to a debt counsellor, in the prescribed manner and form, to be declared over-indebted.

    20. CREDIT INFORMATION

    20.1 In terms of Section 81 of the NCA the credit provider is obligated to take all reasonable steps to prevent the extension of reckless credit. The consumer therefore authorises the credit provider, as follows, with regard to the consumer's personal credit information, notwithstanding the confidentiality of such information: -

    20.1.1 to enquire regarding the consumer's credit profile and repayment behaviour from any credit bureau, credit register or other credit provider;

    20.1.2 to supply or submit information regarding the consumer's credit profile or repayment behaviour to any credit bureau, credit register or other credit provider;

    20.1.3 to disclose the above information as required in law;

    20.1.4 to retain records of the consumer's personal and credit information in any data base in accordance with the provisions of the NCA.

    20.2 The consumer has the right to contact the credit bureau, to have his or her credit record disclosed and to have inaccurate information corrected.

    21.CONTACT DETAILS

    The following contact details are hereby disclosed: Customer Care: 010 211 1120 National Credit Regulator: 086 062 7627 Credit Ombudsman: 086 166 2837 Credit Bureau: 086 1128 364

    22. PERSONAL INFORMATION AND PROTECTION

    22.1. The consumer gives the credit provider consent to collect and/or process the consumer’s personal information insofar as it is necessary for the credit provider to fulfil its obligations under this agreement.

    22.2. The credit provider shall, at all times, take reasonable steps to ensure that appropriate security measures are in place for the protection of the integrity and confidentiality of the consumer’s personal information collected and/or processed by the credit provider.

    23. INDULGENCE

    No relaxation or indulgence granted by the credit provider to the consumer will be deemed to be a waiver of any of the credit provider’s rights in terms hereof, and such relaxation and indulgence will not be deemed a novation of any of the terms and conditions of this agreement, or create any estoppel against the credit provider. Any such indulgence, leniency or extension granted will not amount to a breach of any of the terms of this agreement by the credit provider.

    24.GENERAL

    24.1 The consumer confirms and acknowledges that the terms and conditions of this agreement, including the Schedule and his/her obligations there under, have been explained to him/her and that he/she understands them in full and agrees to them.

    24.2 References in this agreement to the singular shall include the plural and vice versa and references to the masculine gender shall include the feminine and neuter genders and vice versa.

    24.3 Each clause of this agreement shall be severable from the remainder of the agreement and should any clause in this agreement be found to be invalid, such invalidity shall not affect the validity of the remainder of the agreement.

    24.4 This agreement, including and consisting of the schedule, the terms and conditions of the agreement, the declaration of income, expenses and financial obligations by the consumer, the affordability assessment and the credit application, constitutes the entire agreement between the parties and no amendment, alteration, consensual cancellation or waiver shall be valid or binding on the parties unless reduced to writing and signed by the consumer and an authorised representative of the credit provider.

    24.5 The consumer hereby warrants that the information supplied in the application for credit regarding his/her marital status is correct.

    24.6 In the event of the consumer being married in community of property, he/she warrants that his/her spouse has consented to the conclusion of this agreement in writing and that his/her signature has been attested to by two witnesses.

    24.7 This contract complies with the Commissioner’s direction under section 20(7) of the Value Added Tax Act 89 of 1991.

    21. RSA & NON-RSA BRAVO GROUP SLEEP PRODUCTS 2021 NATIONAL PROMO TERMS AND CONDITIONS

    1. The Promoter is Bravo Group Sleep Products, a division of Bravo Group (the Promoter”).

    2. The Bravo Group Sleep Products Competition (‘the Competition”) will commence on 15 January 2021 and entries to the Competition will close on 30 April 2021 at 23h59. Any entries received after midnight on the last day will be invalid and will not be considered.

    3. The Competition is only open to persons above the age of 18 or if under the age of 18, with the consent of a parent/ guardian, residing in either South Africa, Zambia, Zimbabwe, Namibia, Lesotho or Botswana, who are in possession of a valid identity document (“the Participant”), except directors, members, partners, employees, agents or consultants of or any other person who directly or indirectly controls or is controlled by the Promoter or marketing service providers in respect of the Competition, or the spouses, life partners, business partners or immediate family members.

    4. By entering the Competition, the Participants accept these terms and conditions (“the Rules”) and agree to abide by them. A copy of the Rules will be displayed on each of the brands online warranty registration pages. However, any Participant may request to be furnished with a copy of the Rules at no cost by emailing such request to [email protected]

    5. The Participants stand a chance to win a share of R250,000.00 (Two Hundred and Fifty Thousand Rand), as follows:

    5.1. 1 (one) of 13 (thirteen) cash prizes to the value of R10,000.00 (Ten Thousand Rand) each, or the equivalent currency at the time of payment (the “Prize”); or

    5.2. 1 (one) of 4 (four) cash prizes, being 1 (one) cash prize per brand social media page consisting of R10,000.00 per month paid over 3 (three) consecutive months commencing end February 2021 with a total value of R120,000.00 (“the Social Media Prize”).

    6. To enter the Competition, Participants must purchase any Bravo Group Sleep Products bed, hereinafter referred to as BGSP bed and register their warranty, by completing their name, store name, branch name, invoice number and product purchased on the applicable website and/or social media page below:

    6.1. https://www.sealy.co.za/customer-care/warranty/ https://www.facebook.com/SealySouthAfrica;

    6.2. https://www.edblo.co.za/warranty / https://www.facebook.com/EdbloSA;

    6.3. https://www.slumberland.co.za/customer-care/ / https://www.facebook.com/SlumberlandSA; or

    6.4. https://kingkoil.co.za/warranty-service/ https://www.facebook.com/KingKoilSouthAfrica

    7. Entries are unlimited and Participants will receive an entry into the Competition every time the Participant purchases a BGSP bed and registers the BGSP bed’s warranty on the applicable website / social media page. The Promoter reserves the right to exchange the Prize or Social Media Prize for another of equal or greater value, should the circumstances require this.

    8. It is also the responsibility of all Participants to retain their cash register slip as proof of purchase of any one of the above-mentioned qualifying products. If a Participant cannot produce the cash register slip upon demand, such Participant will be automatically disqualified from the Competition and will forfeit the prize. In the event that the Participant made the purchase with his/her credit/ debit card, then a statement from the Participant’s respective bank, reflecting the purchase, shall be accepted as proof of purchase.

    9. The winners of the Prize shall be the first qualifying entry randomly drawn by way of a weekly draw which will be held on 5 February 2021, 12 February 2021, 19 February 2021, 26 February 2021, 5 March 2021, 12 March 2021, 19 March 2021, 26 March 2021, 2 April 2021, 9 April 2021, 16 April 2021, 23 April 2021, 30 April 2021.

    10. The winners of the Social Media Prize shall be the first qualifying entry randomly drawn by way of a draw to be held on 26 February 2021, 26 March 2021, and 30 April 2021.

    11. An independent person will monitor, verify and certify the draws and, except in so far as is provided for in the Consumer Protection Act 68 of 2008, his/her decision will be final and no correspondence will be entered into in this regard

    12. Winners may only claim one Prize or Social Media Prize with the winners that have been selected from the Prize not being eligible to win again on the Social Media Prize. Winners may not have previously won a Promoter’s competition more than once in a 90-day period. Any winners drawn who have won in the last 90 days will be disqualified from the Competition and another winner will be drawn.

    13. The Promoter will use reasonable effort to contact the winners telephonically. Should the winner not be able to comply with the Promoters requirements or if after any and all reasonable steps are taken in order to contact the winner, the winner cannot be contacted within a reasonable period of time, the winner’s right to the Prize or Social Media Prize will be deemed to have been waived and the Prize or Social Media Prize will be forfeited. The Promoter reserves the right to award the Prize or Social Media Prize to the next randomly drawn Participant.

    14. The Promoter may refuse to award the Prize or Social Media Prize if the entry procedures or these Rules have not been adhered to or if it detects any irregularities or fraudulent practices. Any violation or attempt to violate any of the above Rules will result in the immediate disqualification of the Participant.

    15. The Participant or winners, by entering the Competition and furnishing the Promoter with the requested personal information, consents to the Promoter utilising and processing his/her personal information strictly for the purposes of the Competition.

    16. The winner will be required to sign an acknowledgement of receipt of prize and may be requested to be photographed and identified in any media, which is inclusive of but not limited to television, radio, print publications and online sites in which the Competition receives exposure and for future marketing initiatives with the understanding that the winner may decline such an invitation.

    17. Participants enter the Competition entirely at their own risk. The Promoter and its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, any participating Bravo Group Sleep Products store and/or its subsidiaries cannot be held responsible or liable for any accident, injury, harm or loss suffered by any person or entity as a direct or indirect result of entering the Competition or suffered as a direct or indirect result of the utilisation in any way whatsoever of the Prize or Social Media Prize won in terms of the Competition.

    18. Participants hereby agree to release and indemnify the Promoter and its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and subsidiaries and hold it harmless against any and all losses, harm, damages, rights, claims and actions of any kind in connection with the Competition, promotion or special offer or resulting from the participation in the Competition or acceptance, possession, use or receiving of any Prize or Social Media Prize relating to the Competition, including, without limitation, personal injuries, death and property damage, and claims based on publicity rights, defamation or invasion of privacy.

    19. The Prize and Social Media Prize are non-transferable and all winner/s will have to claim their Prize or Social Media Prize within 30 days of the draw having taken place and at that time identify themselves with a valid identification document, proof of purchase and bank account confirmation letter or bank statement. The Prize or Social Media Prize will be paid via EFT (electronic funds transfer) into the winner’s nominated bank account, whereafter the Promoter shall have no further liability in respect of the Prize or Social Media Prize. Failure to claim the Prize or Social Media Prize or a refusal or inability to comply herewith will disqualify the winner and a new winner will be drawn in their place at the sole discretion of the Promoter.

    20. Competition artwork is for illustrative purposes only. The Promoter cannot be held responsible for any errors, omissions and /or technical failures throughout this Competition.

    21. The Promoter reserves the right to amend the Competition Rules if such amendment is necessary from a practical or fairness point of view. The Promoter shall have the right to terminate the Competition immediately and without notice for any reason beyond its control requiring this. In the event of such termination, all participants agree to waive any rights that they may have in terms of this Competition and acknowledge that they will have no recourse against the Promoter, its agents and staff.

    22. Only BGSP bed’s paid in full will be eligible for entry into the Competition. If a Participant purchases by way of lay-by contracts, must be fully paid at the time of the applicable draw.

    23. The above Rules are severable. This means that if any one rule is found to be unlawful, it will be removed and the remaining Rules will still apply.

    22. CREDIT SALES COMPETITION

    1. This is a promotional offer (“Promotion”) as defined in the Consumer Protection Act no 68 of 2008 (CPA), as amended from time to time. This Offer is subject to the National Credit Act no 34 of 2005 and Regulation and to the participant’s acceptance of the Terms and Conditions (Ts & Cs) set out herein.

    The participant acknowledges that the participant has read and understood these Ts & Cs. These Ts & Cs will govern the Offer from any Bradlows, Russells, Sleepmasters, Rochester, Incredible Connection and Hi Fi Corp or any Company to whom the Company has ceded the rights and obligations.

    2. Promotion:

    This promotion is sponsored by the Company, Connect Financial Services (Pty) Ltd, a registered Credit Provider (NCRCP11158).

    3. Promotion Period:

    3.1. The Promotion will run from 1st of March 2021 7:00 to 31st May 2021 at 23:59. (“the Promotion Period”).

    3.2. The Company reserves the right, in its sole discretion and to the extent permitted by law, to amend these Ts & Cs, at any time.

    3.3. The Promotion is not transferable nor convertible into cash nor substituted in any manner except as permitted by law.

    4. How to qualify:

    The participant must have:

    4.1. A valid account, in participant’s capacity.

    4.2. Instore tent cards and Web notice from the Company inviting the participant to participate in the promotion.

    4.3. Inviting customers to participate in the competition, all customer who applied and has an approved credit application during the promotion period, will qualify for the lucky draw conditional to the first instalment paid by close of business every month to qualify. In addition, Participants would get an additional entry into the draw for every R10,000-00 value of their credit application.

    4.4. The winner consent to his/her name made public at the discretion of the Company.

    4.5. These Ts and Cs do not negate the participants’ obligations to continue making the required payments. Note that these Ts & Cs do not replace the Ts & Cs of the Credit Agreement.

    4.6. Each qualified participant will be entered into the draw, irrespective of the number of credit agreements applied for.

    5. The Offer:

    5.1. This Promotion is conducted in the ordinary course of business and is open to all existing customers who meet the qualifying criteria.

    5.2. The draw date shall be the 15th June 2021 and an internal auditor will observe the draw.

    5.3. The winner will be notified by SMS or a telephone call by the 17th June 2021.

    5.4. The prize will be forfeited at the discretion of the promoter if the prize remains unclaimed after the stipulated dates.

    5.5. The Company will not be liable for the technical failures relating to this Promotion that may result in an entry not being successfully submitted.

    5.6. The prize may only be redeemed by an account holder who has a valid credit agreement with the Company that is up to date.

    5.7. Promotion is not redeemable in conjunction with any other promotions by the Company.

    5.8. This Offer is open to all customers that received an SMS, in-store promotion or web notice, above the age of 18, who are in possession of a valid identity document. Employees, agents or consultants or any other person who directly or indirectly controls or is controlled by the Company in respect of this Offer or the spouse(s), life partners or immediate family members cannot be a participant in this Promotion.

    5.9. If the Company has not strictly enforced these Ts & Cs, the participant may not assume Ts & Cs have been waived or altered by the Company. These Ts & Cs will still apply, and the Company has right to enforce any of these Ts & Cs. Errors and omission may be accepted at the Promoter’s discretion.

    6. The Prize

    The winner will stand a chance to win:

    6.1. First Prize: Contribution towards the account of the customer to the value of R10 000. If the nominated account balance is less than R10 000, the difference will be issued to the customer as a Gift voucher of the respective brand and valid for 6 months from the date of issue, refer to the brand website for gift voucher Terms and Conditions.

    6.2. Second Prize: In-house brand TV to the value of R5000.

    6.3. Third Prize: In-house brand Microwave to the value of R2000.

    7. General

    7.1 By entering into the Promotion, a Participant consent to the Promoter sending competition material during and after this Competition, in accordance with the Protection of Personal Information Act (“POPI”).

    7.2 Participants of this Promotion are voluntarily providing their personal information as envisaged by POPI to the Promoter, its associated agencies and the third party service providers running the Competition in conjunction with the Promoter.

    7.3 By entering this Promotion, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPI of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.

    7.4 The Winner gives consent to participate in marketing activities, including having his/her photograph taken and published on the Promoter’s website or other media.

    23. MOTHER'S DAY COMPETITION

    1. This competition is promoted by JD Group a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and with Rochester being a brand of the JD Group (the “Promoter”).

    2. This Competition shall be conducted in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008.

    3. These Terms and Conditions should be read together with the online terms and conditions displayed on the Rochester website, rochester.co.za

    4. Competition Period

    The Competition runs from 06th -09th May 2021, both dates inclusive. (the “Competition Period”). No entries will be accepted after midnight on 09th May 2021.

    5. Who Can Enter (the “Participant”)

    You are entitled to participate in this Competition if you are a natural person, 18 (eighteen) years or older, who is either a South African citizen or carries a valid work permit. The Promoter reserves the right, at any time, to verify the validity of a Participant (including but not limited to a participant’s identity and age) and to reject any Participant who has not complied with these terms and conditions. Errors and omissions may be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

    6. Exclusions

    Directors, members, employees, agents of, or consultants to the Promoter and its subsidiaries, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this Competition, or if you are any of the aforementioned persons' immediate family, including spouses, life partners, parents, children and siblings, are excluded from being entered into this Competition.

    7. How to Enter

    The participant must comment on the Rochester Facebook page and tell us why their mom deserves some rest and stand a chance to win a Charlietown Headboard & Restonic Malta Bed Set combo

    8. Number of Entries per Participant

    One entry per person

    9. Entry Fee

    There is no entry fee to participate in the Competition.

    10. The Prize

    1x Charlietown Headboard & Restonic Malta Bed Set combo worth R12490

    Winning draw and Winner’s Rights and Obligations

    10.1 The Winner (1) will be chosen randomly under the supervision of an independent accountant, registered auditor or attorney.

    10.2 The draw will take place on the 11th May 2021, the winner will be posted and notified via a phone call. The winner will be contacted by head office and posted on the Rochester Facebook page.

    10.3 Should the Competition draw be postponed, a decision which will be in the sole discretion of the Promoter, to another date for any reason whatsoever, the new draw date will be published on the website cited below within 4 (four) days after the original draw date.

    10.4 The random entry drawn will be independently audited by an independent accountant, registered auditor or attorney to establish whether it meets the Competition qualifying criteria and if so that the Participant will be the Winner (subject to the Promoter being able to contact the Winner). If the qualifying criteria are not met further random draws will take place until a randomly selected valid entry meets the eligibility criteria.

    10.5 The Winner will be notified within 48 (forty-eight) hours of the random draw taking place. The Promoter will attempt contact the Winner at least 3 (three) times, but if the Promoter is unable to contact the Winner within 2 (two) days after the first attempt, through no fault of the Promoter, the Prize will be awarded to the next eligible Winner. The Winner will also be announced on the Promoter’s webpage.

    10.6 If the Winner(s) is unable to attend, receive or utilize the prize or is uncontactable during the stipulated period, the entire prize will be forfeited at the discretion of the Promoter.

    10.7 The Winner may be asked to participate in marketing activities, including by having his/her photograph taken, but he/she will be entitled to decline to do so.

    10.8 The Prize is exclusively for the benefit of the Winner and is neither transferable nor exchangeable for cash or otherwise. The Prize must be taken up within 3 (three) weeks after the Winner has been announced.

    10.9 The Winner will be required to complete a declaration acknowledging receipt of the price and that he/she is not connected to the Promoter as stipulated in clause 5 above.

    10.10 By entering into the Competition, a Participant consent to the Promoter sending competition material during and after this Competition, in accordance with the Protection of Personal Information Act (“POPI”).

    10.11 Participants of this Competition are voluntarily providing their personal information as envisaged by POPI to the Promoter, its associated agencies and the third party service providers running the Competition in conjunction with the Promoter.

    10.12 By entering this competition, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPI of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.

    10.13 By participating in this Competition, a Participant agrees to all the Competition Rules set out above, without exception.

    10.14 The Winner agrees that upon winning the Prize, no further prizes in any competitions or give-away or similar campaign of Promoter or JD Group of which the Promoter forms part, will be awarded to the Winner for a period of 3 (three) months, irrespective of whether the Winner has entered or qualified prior to or after the date on which the Prize was awarded to the Winner.

    11. General

    11.1 The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without prior notice or liability. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Competition agree that the Promoter will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in this Competition.

    11.2 The laws of the Republic of South Africa govern this Competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Competition Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing Participant from the Competition.

    11.3 The Promoters decision is final, and no correspondence will be entered into.

    11.4 No liability shall lie on the Promoter in favour of any Participant, Winner (s) and/or third party arising from cancellation, suspension or termination. Therefore, the Participant waives any and all rights which they may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of any nature whatsoever against the Promoter.

    11.5 A copy of these Competition Rules is available at rochester.co.za

    24. FATHER'S DAY COMPETITION

    1. This competition is promoted by JD Group a division of Pepkor Trading (Pty) Ltd (Reg. No. 1958/003362/07) and with Rochester being a brand of the JD Group (the “Promoter”).

    2. This Competition shall be conducted in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008.

    3. These Terms and Conditions should be read together with the online terms and conditions displayed on the Rochester website, rochester.co.za

    4. Competition Period

    The Competition runs from 17th June 2021 – 20th June 2021, both dates inclusive. (the “Competition Period”). No entries will be accepted after midnight on 20th June 2021.

    5. Who Can Enter (the “Participant”)

    You are entitled to participate in this Competition if you are a natural person, 18 (eighteen) years or older, who is either a South African citizen or carries a valid work permit. The Promoter reserves the right, at any time, to verify the validity of a Participant (including but not limited to a participant’s identity and age) and to reject any Participant who has not complied with these terms and conditions. Errors and omissions may be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

    6. Exclusions

    Directors, members, employees, agents of, or consultants to the Promoter and its subsidiaries, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this Competition, or if you are any of the aforementioned persons' immediate family, including spouses, life partners, parents, children and siblings, are excluded from being entered into this Competition.

    7. How to Enter

    The participant must comment on the Rochester Facebook page and tell us how their dads played “Mr Fix It” in their lives and your dad can win the Giant Couch. It is within the Promoter’s sole discretion to disqualify any Participant who posts inappropriate comments or uses inappropriate language on the Promoter’s social media platforms or webpage.

    8. Number of Entries per Participant

    One entry per person

    9. Entry Fee

    There is no entry fee to participate in the Competition.

    10. The Prize

    1x Giant Couch worth R 7 995.00

    Winning draw and Winner’s Rights and Obligations

    10.1 The Winner (1) will be chosen randomly under the supervision of an independent accountant, registered auditor or attorney.

    10.2 The draw will take place on the 22th June 2021, the winner will be posted and notified via a phone call. The winner will be contacted by head office and posted on the Rochester Facebook page.

    10.3 Should the Competition draw be postponed, a decision which will be in the sole discretion of the Promoter, to another date for any reason whatsoever, the new draw date will be published on the website cited below within 4 (four) days after the original draw date.

    10.4 The random entry drawn will be independently audited by an independent accountant, registered auditor or attorney to establish whether it meets the Competition qualifying criteria and if so that the Participant will be the Winner (subject to the Promoter being able to contact the Winner). If the qualifying criteria are not met further random draws will take place until a randomly selected valid entry meets the eligibility criteria.

    10.5 The Winner will be notified within 48 (forty-eight) hours of the random draw taking place. The Promoter will attempt contact the Winner at least 3 (three) times, but if the Promoter is unable to contact the Winner within 2 (two) days after the first attempt, through no fault of the Promoter, the Prize will be awarded to the next eligible Winner. The Winner will also be announced on the Promoter’s webpage.

    10.6 If the Winner(s) is unable to attend, receive or utilize the prize or is uncontactable during the stipulated period, the entire prize will be forfeited at the discretion of the Promoter.

    10.7 The Winner may be asked to participate in marketing activities, including by having his/her photograph taken, but he/she will be entitled to decline to do so.

    10.8 The Prize is exclusively for the benefit of the Winner and is neither transferable nor exchangeable for cash or otherwise. The Prize must be taken up within 3 (three) weeks after the Winner has been announced.

    10.9 The Winner will be required to complete a declaration acknowledging receipt of the price and that he/she is not connected to the Promoter as stipulated in clause 5 above.

    10.10 By entering into the Competition, a Participant consent to the Promoter sending competition material during and after this Competition, in accordance with the Protection of Personal Information Act (“POPIA”).

    10.11 Participants of this Competition are voluntarily providing their personal information as envisaged by POPI to the Promoter, its associated agencies and the third party service providers running the Competition in conjunction with the Promoter.

    10.12 By entering this competition, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPI of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.

    10.13 By participating in this Competition, a Participant agrees to all the Competition Rules set out above, without exception.

    10.14 The Winner agrees that upon winning the Prize, no further prizes in any competitions or give-away or similar campaign of Promoter or JD Group of which the Promoter forms part, will be awarded to the Winner for a period of 3 (three) months, irrespective of whether the Winner has entered or qualified prior to or after the date on which the Prize was awarded to the Winner.

    11. General

    11.1 The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without prior notice or liability. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Competition agree that the Promoter will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in this Competition.

    11.2 The laws of the Republic of South Africa govern this Competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Competition Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing Participant from the Competition.

    11.3 The Promoters decision is final, and no correspondence will be entered into.

    11.4 No liability shall lie on the Promoter in favour of any Participant, Winner (s) and/or third party arising from cancellation, suspension or termination. Therefore, the Participant waives any and all rights which they may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of any nature whatsoever against the Promoter.

    11.5 A copy of these Competition Rules is available at rochester.co.za

    25. CREDIT SALES PROMOTION

    1.This is a promotional offer (“Promotion”) as defined in the Consumer Protection Act no 68 of 2008 (CPA), as amended from time to time. This Offer is subject to the National Credit Act no 34 of 2005 and Regulation and to the participant’s acceptance of the Terms and Conditions (Ts & Cs) set out herein.

    The participant acknowledges that the participant has read and understood these Ts & Cs. These Ts & Cs will govern the Offer from any Bradlows, Russells, Sleepmasters, Rochester, Incredible Connection and Hi Fi Corp or any Company to whom the Company has ceded the rights and obligations.

    2. Promotion:

    This promotion is sponsored by the Company, Connect Financial Services (Pty) Ltd, a registered Credit Provider (NCRCP11158).

    3.Promotion Period:

    3.1. The Promotion will run from 1st of July 2021 7:00 to 30th Sep 2021 at 23:59. (“the Promotion Period”).

    3.2. The Company reserves the right, in its sole discretion and to the extent permitted by law, to amend these Ts & Cs, at any time.

    3.3. The Promotion is not transferable nor convertible into cash nor substituted in any manner except as permitted by law.

    4. How to qualify:

    The participant must have:

    4.1. A valid account, in participant’s capacity.

    4.2. Instore tent cards and Web notice from the Company inviting the participant to participate in the promotion.

    4.3. Inviting customers to participate in the promotion , all customer who applied and has an approved credit application during the promotion period, will qualify for the lucky draw conditional to the first instalment paid by close of business every month to qualify. In addition, Participants would get an additional entry into the draw for every R10,000-00 value of their credit application

    4.4. The winner consent to his/her name made public at the discretion of the Company.

    4.5. These Ts and Cs do not negate the participants’ obligations to continue making the required payments. Note that these Ts & Cs do not replace the Ts & Cs of the Credit Agreement.

    4.6. Each qualified participant will be entered into the draw, irrespective of the number of credit agreements applied for.

    5. The Offer:

    5.1. This Promotion is conducted in the ordinary course of business and is open to all existing customers who meet the qualifying criteria.

    5.2. The draw date shall be the 18th October 2021 and an internal auditor will observe the draw.

    5.3. The winner will be notified by SMS or a telephone call by the 20th October 2021.

    5.4. The prize will be forfeited at the discretion of the promoter if the prize remains unclaimed after the stipulated dates.

    5.5. The Company will not be liable for the technical failures relating to this Promotion that may result in an entry not being successfully submitted.

    5.7. Promotion is not redeemable in conjunction with any other promotions by the Company.

    5.8. This Offer is open to all customers that received an SMS, in-store promotion or web notice, above the age of 18, who are in possession of a valid identity document. Employees, agents or consultants or any other person who directly or indirectly controls or is controlled by the Company in respect of this Offer or the spouse(s), life partners or immediate family members cannot be a participant in this Promotion.

    5.9. If the Company has not strictly enforced these Ts & Cs, the participant may not assume Ts & Cs have been waived or altered by the Company. These Ts & Cs will still apply, and the Company has right to enforce any of these Ts & Cs. Errors and omission may be accepted at the Promoter’s discretion.

    6. The Prize

    The winner will stand a chance to win:

    6.1. First Prize Contribution towards the account of the customer to the value of R10 000. If the nominated account balance is less than R10 000, the difference will be issued to the customer as a Gift voucher of the respective brand and valid for 6 months from the date of issue, refer to the brand website for gift voucher Terms and Conditions.

    6.2. Second Prize In-house brand TV to the value of R5000.

    6.3. Third Prize In-house brand Microwave to the value of R2000.

    7. General

    7.1 By entering into the Promotion, a Participant consent to the Promoter sending promotion material during and after this promotion, in accordance with the Protection of Personal Information Act (“POPIA”).

    7.2 Participants of this Promotion are voluntarily providing their personal information as envisaged by POPIA to the Promoter, its associated agencies and the third party service providers running the promotion in conjunction with the Promoter.

    7.3 By entering this Promotion, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPIA of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.

    7.4 The Winner gives consent to participate in marketing activities, including having his/her photograph taken and published on the Promoter’s website or other media.

    26. TELEVISION LICENSE

    1.Rochester requires you to produce a valid TV license and ID document when purchasing a TV. First-time buyers may purchase a TV license in-store. In terms of the Broadcasting Act and Television License Regulations, license holders are required to note and/or comply with: Statutory obligations of a television license:

    1.1. A television license is valid only at the permanent address reflected on the license.

    1.2. A person purchasing a television set must have a valid (new or paid-up) TV license. You may not purchase a television set using someone else’s TV license.

    1.3. When applying for a domestic/household or Business television license for the first time, we must obtain their residential or business address, daytime contact telephone number and ID / passport number and in the case of a business their business registration number.

    1.4. When renewing a television license, a person is required to present an existing license, a copy thereof, or a renewal notice.

    1.5. A license holder must notify the SABC, in writing, of a change of address within 30 days.

    1.6. A television license is not transferable from one license holder to another except between spouses or between unmarried “life partners” in a permanent relationship, on the death of a husband/wife or partner.

    1.7. A single domestic television license is required per household regardless of the number of TV sets, provided that all sets used are at the license holder’s residential premises.

    1.8. Rochester requires a separate domestic television license at the full annual tariff for an additional TV at a new residential property (e.g., a holiday home) since it involves a different physical address.

    1.9. “Family members of a television license holder”–defined as all persons who are permanent residents with the license holder, and; depend on him/her, and are owed a legal duty of support by the license holder–are covered by a single TV license in his/her name. A person has to meet all three conditions to be covered by a household’s TV license, should a customer be a listed person as per above (family member), a copy of their ID and the domestic TV holder’s identity document/passport or driver’s licence must be obtained. Such domestic license covers a license holder and his/her immediate, dependent family members–with a married couple, a husband/wife and his/her dependent, minor children. Adult (non-dependent) children or more distant relatives–such as adult children, parents/ grandparents, brothers/sisters, uncles/aunts–or boarders or lodgers sharing a family’s home, are not defined as family members. They are separately liable for television sets in their possession and/or used by them.

    1.10. POPI REQUIREMENT

    1.10.1. Copies of the documentation to be retained must be filed/kept in a secure location which is not accessible to customers or un-authorized employees.

    1.10.2. Stores may not make a copy of the customer’s ID without the express consent of the customer. If the customer does not want to allow us to make a copy of their ID, it means that we do not have their consent and cannot sell the customer a TV Licence.

    1.10.3. No unauthorized individual is to have access to personal customer information / documentation and is to be filed / secured accordingly.

    1.10.4. Any breach of customer information/ documentation must be reported within 24 hours via NIR. (i.e. missing documentation, disclosure of information etc).

    Terms and Conditions Policies