Terms and Conditions
All references to “the Company”, “we”, “us” and “our” in these terms and conditions are deemed to refer to Top Secret Diecasts.
All references to “you” and “your” are deemed to refer to any user and/or visitor of www.topsecretdiecasts.co.za (“Website”).
Acceptance of terms
The Company permits the use of this Website subject to the Terms and Conditions (“Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Use of the website
- You may only use the Website if you are 18 years of age or older. If you are under 18, you may use the Website only with the involvement of your parent or legal guardian.
- You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.
- When selecting a pre-order for verified customers, you acknowledge that you have entered an agreement to pay upon arrival.
Disclaimer
- While the Company takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.
- All information provided on this website is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- The Company does not accept any responsibility for any errors or omissions on this Website.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
Privacy policy
We respect your privacy. Should you decide to make use of our Website, the only personal information that we will require of you is the following –
- your name and surname;
- your email address;
- your physical address;
- mobile number.
- It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete.
- This Website makes use of "cookies" to automatically collect information and data through the standard operation of the Internet servers. "Cookies" are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note however that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.
- You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
- The purposes for which we will use your personal information are as follows: to contact you regarding current or new products or services, to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material), and to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.
- The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is –
- required in order to comply with applicable law, order of court or legal process served on the Company; and/or
- disclosure is necessary to protect and defend the rights or property of the Company.
- We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
- We will –
- treat your personal information as strictly confidential;
- take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
- upon your request, promptly return or destroy any and all of your personal information in our possession or control.
- We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
- If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than the Company, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
Limitation of liability
- THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
- YOU HEREBY INDEMNIFY THE COMPANY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Changes to these terms and conditions
The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
Availability and termination
- We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
- The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
Governing law
- These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
Refunds, returns and exchanges
- All items sold by Top Secret Diecasts are carefully inspected for defects, damage, and completeness prior to packaging and shipment.
- As a result, all sales are final and Top Secret Diecasts does not offer refunds, returns, or exchanges for change of mind, incorrect purchases, or buyer preference.
- Customers are encouraged to review product descriptions, specifications, and images carefully before placing an order.
- In the unlikely event that you receive an item that was damaged during transit or an incorrect item was shipped, you must notify Top Secret Diecasts within 48 hours of delivery and provide clear photographic evidence. Each case will be reviewed individually to determine an appropriate resolution.
- By completing a purchase, you acknowledge and agree to this Refunds, Returns and Exchanges Policy.
Shipping policy
- Top Secret Diecasts aims to process and dispatch all orders as quickly as possible.
- Orders will be shipped within 5 (five) business days after full payment has been received and reflected in our account. Customers will be notified once their order has been dispatched.
Please note:
- Shipping times provided by couriers are estimates and are outside of Top Secret Diecasts' control.
- Delivery delays caused by couriers, weather conditions, strikes, or other unforeseen circumstances are not the responsibility of Top Secret Diecasts.
- Customers are responsible for ensuring that their delivery address and contact details are accurate at the time of purchase.
- Risk and ownership of the goods pass to the customer upon delivery to the nominated address.
- While every effort is made to ensure items are packaged securely, Top Secret Diecasts cannot be held liable for loss or damage occurring during transit. Any transit-related issues should be reported within 48 hours of delivery.
- By placing an order, you acknowledge and accept this Shipping Policy.
Build-a-Box policy
- Top Secret Diecasts offers a Build-a-Box option for collectors who wish to combine multiple purchases into a single shipment and maximise shipping value.
How it works:
- Customers may choose to hold purchased items and add additional purchases to the same shipment over time.
- Build-a-Box orders may be accumulated for a maximum period of 90 (ninety) calendar days from the date of the first item purchased.
- It is the customer's responsibility to monitor their Build-a-Box period and request shipment before the 90-day limit expires.
- Once the customer is ready, shipping charges will be calculated based on the final size and weight of the package.
Important conditions:
- All items placed in a Build-a-Box are considered sold and paid for in full.
- No refunds, cancellations, or exchanges will be granted for items held in a Build-a-Box.
- Top Secret Diecasts reserves the right to request shipment or make alternative arrangements should the 90-day holding period be exceeded.
- Items will be stored with reasonable care; however, Top Secret Diecasts cannot be held liable for manufacturer defects discovered after the purchase date.
- By selecting the Build-a-Box option, customers agree to these terms and conditions.
Pre-order policy
- Top Secret Diecasts offers customers the opportunity to secure highly sought-after models through our Pre-Order Service.
- A pre-order allows a customer to reserve an item before it arrives in stock, helping to ensure availability upon release.
- Payment options. Customers may choose one of the following options when placing a pre-order:
- Pay Now – Full payment is made at the time the pre-order is placed.
- Pay on Arrival – Payment is due when the item arrives and the customer is notified that it is ready for collection or shipment.
- Customer commitment. By placing a pre-order, the customer is committing to purchase the item once it becomes available.
- Customers who select the Pay on Arrival option are expected to make payment within 5 business days of being notified that their item has arrived.
- Failure to pay. If payment is not received within the specified timeframe:
- Top Secret Diecasts reserves the right to cancel the reservation without further notice.
- The item may be offered to another customer.
- Repeated failure to honour pre-orders may result in the customer losing access to future pre-order opportunities.
- Pricing and availability.
- Estimated arrival dates are provided as a guide only and may change due to manufacturer or supplier delays.
- While Top Secret Diecasts will make every effort to fulfil all pre-orders, availability is subject to supplier allocation and stock received.
- In the event that a pre-ordered item cannot be supplied, any payments already received will be refunded in full.
- Cancellations.
- Pre-orders that have been paid in full may not be cancelled for a refund unless Top Secret Diecasts is unable to supply the item.
- Customers selecting the Pay on Arrival option may not cancel a pre-order once stock has been allocated to them.
- By placing a pre-order, the customer acknowledges and agrees to these terms.
- Collectors who repeatedly fail to honour their pre-orders may be required to pay a deposit or pay in full for future pre-orders at the discretion of Top Secret Diecasts.