Terms & Conditions

This website can be accessed at lincolncollective.com or international.lincolncollective.com, related mobile-sites and software applications (the “Website”) and is owned and operated by Mario Nobrega (“Lincoln Collective”, “we”, “us” and “our”).

These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, and delivery of Goods, and the use of the Website. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

  1. may limit the risk or liability of Lincoln Collective or a third party; and/or
  2. may create risk or liability for the user; and/or
  3. may compel the user to indemnify Lincoln Collective or a third party; and/or
  4. serves as an acknowledgment, by the user, of a fact.

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Lincoln Collective to explain it to you before you accept the Terms and Conditions or continue using the Website.

Registration & use of Website

Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Lincoln Collective. You will need to use your unique username and password to access the Website in order to purchase Goods.

You agree and warrant that your username and password shall:

  1. be used for personal use only; and
  2. not be disclosed by you to any third party

By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

You agree that you will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Lincoln Collective representative.

Conclusion of Sale

Registered users may place orders for Goods, which Lincoln Collective may accept or reject. Whether or not Lincoln Collective accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Lincoln Collective for the Goods.

Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Lincoln Collective, Lincoln Collective will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Lincoln Collective will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

Payment

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Goods are for sale by Lincoln Collective, payment can be made for Goods via –
debit card; credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment.

In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be canceled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods.

You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website; direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Lincoln Collective will not accept your order if payment has not been received;
Instant EFT;

Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

Lincoln Collective shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

Ownership & Copyright

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The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law.

The Website Content is the property of Lincoln Collective, its advertisers and/or sponsors and/or is licensed to Lincoln Collective.

You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

Disclaimer

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Lincoln Collective takes reasonable measures to ensure that the content of the Website is accurate and complete, Lincoln Collective makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

Lincoln Collective disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Lincoln Collective, its employees, agents or authorised representatives. Lincoln Collective thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

Limitation of liability

Lincoln Collective cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Lincoln Collective, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email.

Complaints

We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via email.

General

Lincoln Collective may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you. These Terms and Conditions contain the whole agreement between you and Lincoln Collective and no other warranty or undertaking is valid, unless contained in this document between the parties.

Company Information

Information

Business Address:

St. James St, Vredehoek, Cape Town, RSA

Email:

info@lincolncollective.com

Cell:

072 805 1271

Changes to Terms & Conditions

Lincoln Collective may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.