Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Armchair Generals. Throughout the site, the terms “we”, “us” and “our” refer to Armchair Generals. Armchair Generals offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website, subject to applicable law. Changes will not retrospectively remove or limit rights that a customer has already acquired under applicable law.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence and have given consent for any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any applicable laws, including but not limited to copyright laws.

You must not transmit any worms, viruses or other code of a destructive nature.

A breach or violation of any of the Terms may result in termination of your access to the Services, subject to applicable law.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse service to anyone where permitted by applicable law.

You understand that your content, excluding payment information, may be transferred across various networks and may undergo changes necessary to conform and adapt to technical requirements of connecting networks or devices. Payment information is encrypted during transfer over networks in accordance with the standards used by our payment service providers.

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

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that information made available on this site is accurate, complete and current. However, information may occasionally contain errors, omissions or become outdated.

Material provided on this site for general information should not be relied upon as the sole basis for making decisions where more accurate, complete or current information is reasonably required.

This site may contain historical information. Historical information is not necessarily current and is provided for reference only.

We reserve the right to modify the contents of this site at any time, subject to applicable law.

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES

Prices for products that have not yet been purchased are subject to change without notice.

We reserve the right to modify or discontinue the Service, or any part or content thereof, subject to applicable law.

We shall not be liable for modifications, price changes, suspension or discontinuance of the Service except where liability cannot lawfully be excluded.

Shipping charges may be reviewed periodically and may change without notice for future orders.

Pricing relating specifically to pre-orders is additionally governed by Section 5 below.

SECTION 5 — PRE-ORDERS, PRICING, RELEASE DATES AND AVAILABILITY

Certain products may be offered for sale as pre-orders before the stock has arrived at, or become available to, Armchair Generals.

By placing a pre-order, you acknowledge that the product is not necessarily immediately available and that any expected release date, arrival date or fulfilment date displayed on our website is an estimate unless expressly stated otherwise.

5.1 Pre-Order Pricing

Pre-order prices are calculated using information and costs available to us at the time the product is listed. These costs may include, among other things:

supplier and distributor pricing;
foreign currency exchange rates;
international and local freight charges;
courier and logistics charges;
customs duties, taxes and import-related charges;
manufacturer or distributor price adjustments; and
other costs outside our reasonable control.

Although we make reasonable efforts to price pre-order products accurately, circumstances outside our reasonable control may cause the cost of securing or importing a pre-order product to materially increase before fulfilment.

Where permitted by applicable law, Armchair Generals reserves the right to propose an adjustment to the price of an outstanding pre-order where such an increase results from circumstances outside our reasonable control.

We will not simply charge the customer an additional amount without notice.

If a material price adjustment becomes necessary after a pre-order has been placed, we will contact the affected customer using the contact details supplied with the order and advise them of the revised price.

The customer will then be given the choice, subject to applicable law, to:

accept the revised price and pay any applicable outstanding difference; or
cancel the affected pre-order product and receive a refund of amounts paid for that affected product where required by applicable law.

No provision of this section is intended to deprive a customer of any non-waivable rights provided by South African consumer law.

5.2 Supplier and Manufacturer Changes

Pre-order products are dependent upon manufacturers, publishers, distributors and suppliers.

A supplier or manufacturer may alter pricing, allocations, product specifications, packaging, release schedules or availability after a pre-order has been placed.

Where a material change affects a customer’s order, we will make reasonable efforts to notify the customer and provide an appropriate remedy in accordance with these Terms and applicable law.

5.3 Release and Arrival Dates

Any release, shipment, arrival or fulfilment date stated for a pre-order product is an estimate only, unless we expressly state in writing that a specific date is guaranteed.

Delays may occur because of circumstances including manufacturing delays, publisher or distributor delays, international freight delays, customs clearance, port congestion, courier delays, supplier allocation changes or other circumstances outside our reasonable control.

We will make reasonable efforts to communicate material delays once we become aware of them.

5.4 Product Allocations and Availability

Acceptance of a pre-order does not guarantee that our supplier or distributor will ultimately supply the full quantity originally ordered by us.

Manufacturers and distributors may reduce or cancel allocations.

If we are unable to fulfil all or part of a pre-order because stock has been cancelled, reduced or otherwise made unavailable by a supplier, we will contact affected customers and provide an appropriate refund or other remedy as required by applicable law.

5.5 Mixed Orders

Where an order contains both in-stock products and pre-order products, the order may be held until all products are available for dispatch unless otherwise stated or arranged.

Customers who request separate shipment of available products may be required to pay additional shipping charges where applicable.

5.6 Cancellation of Pre-Orders

Any cancellation or refund rights relating to pre-orders will be handled in accordance with our Returns/Refund Policy and applicable South African law.

Nothing in these Terms is intended to exclude, restrict or waive any consumer right that cannot lawfully be excluded, restricted or waived.

SECTION 6 — PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange according to our Returns/Refund Policy and applicable law.

We have made every reasonable effort to display the colours and images of our products accurately. We cannot guarantee that the display of any colour on a customer’s device will be completely accurate.

We reserve the right, where permitted by law, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit quantities of products or services offered.

Product descriptions, availability and pricing for future purchases may be changed without notice.

We reserve the right to discontinue any product at any time.

We do not warrant that products will meet every subjective expectation of a customer, but nothing in these Terms excludes any warranty, right or remedy that applies under South African law.

SECTION 7 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit or cancel an order where permitted by applicable law.

We may limit or cancel quantities purchased per person, household or order. Restrictions may include orders placed using the same customer account, payment method, billing address or shipping address.

If we change or cancel an order, we will make reasonable efforts to notify you using the email address, billing address and/or telephone number provided when the order was placed.

We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to have been placed by unauthorised dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for purchases made through our store and to update your information as reasonably necessary for us to complete transactions and contact you.

For further information regarding returns and refunds, please review our Returns/Refund Policy.

SECTION 8 — OPTIONAL TOOLS

We may provide access to third-party tools over which we do not monitor and have no control or input.

You acknowledge that access to such tools may be provided “as is” and “as available”, subject to applicable law.

Your use of optional third-party tools is at your discretion and may also be subject to the relevant third-party provider’s terms.

We may offer new services and/or features through the website in future. Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 9 — THIRD-PARTY LINKS

Certain content, products and Services available through our Service may include materials or services from third parties.

Third-party links may direct you to websites that are not affiliated with Armchair Generals.

We are not responsible for the content, accuracy, policies or practices of third-party websites, except to the extent that applicable law provides otherwise.

Customers should review the policies and practices of relevant third parties before engaging in transactions with them.

SECTION 10 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us contest entries, creative ideas, suggestions, proposals, plans or other materials (“comments”), you agree that we may use those comments as permitted by applicable law.

We may monitor, edit or remove content that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise in violation of these Terms.

You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy or other proprietary rights.

You may not submit unlawful or malicious content or malware, use a false email address, impersonate another person or otherwise mislead us regarding the origin of comments.

You are responsible for comments submitted by you and their accuracy.

SECTION 11 — PERSONAL INFORMATION

Your submission and processing of personal information through the store is governed by our Privacy Policy and applicable South African data protection legislation.

Please review our Privacy Policy for further information regarding how we collect, use, store and protect personal information.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to matters including product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information as permitted by applicable law.

Where an error affects an order that has already been submitted, we will deal with the affected customer and order in accordance with applicable South African law.

Nothing in this section is intended to permit Armchair Generals to avoid an obligation or consumer right that cannot lawfully be excluded.

SECTION 13 — PROHIBITED USES

In addition to other prohibitions contained in these Terms, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in unlawful acts;

(d) to infringe our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, threaten, defame, intimidate or unlawfully discriminate against another person;

(f) to submit false or misleading information;

(g) to upload or transmit viruses, malware or malicious code;

(h) to unlawfully collect or track personal information;

(i) to spam, phish, pharm, pretext, spider, crawl or scrape the site in an unauthorised manner;

(j) for any unlawful obscene or fraudulent purpose; or

(k) to interfere with or circumvent security features of the Service or any related website.

We reserve the right to terminate or restrict access to the Service for violations of these prohibited uses, subject to applicable law.

SECTION 14 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that use of the Service will always be uninterrupted, timely, secure or error-free.

We do not warrant that every result obtained from use of the Service will be accurate or reliable.

The Service may occasionally be unavailable due to maintenance, technical problems or circumstances outside our reasonable control.

To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis.

Nothing in these Terms excludes, limits or waives any warranty, right, remedy or liability that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 or other applicable South African law.

To the maximum extent permitted by law, Armchair Generals and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for indirect, incidental, special or consequential loss arising from use of the Service or products supplied through it where such liability may lawfully be excluded.

SECTION 15 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Armchair Generals and its parent entities, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from claims arising directly from your material breach of these Terms, violation of applicable law or infringement of the rights of a third party.

SECTION 16 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and any unenforceable portion shall be severed.

Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 17 — TERMINATION

The obligations and liabilities of the parties incurred prior to termination shall survive termination where applicable.

These Terms of Service remain effective unless and until terminated.

You may cease using our Services at any time.

Where permitted by applicable law, we may suspend or terminate access to the Service where a user materially fails to comply with these Terms.

Termination will not affect rights or obligations that arose before termination.

SECTION 18 — ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service, together with policies or operating rules posted by us in respect of the Service, constitute the agreement between you and Armchair Generals concerning use of the Service, subject to any rights or obligations imposed by applicable law.

Nothing in this section excludes representations, warranties, rights or remedies that cannot lawfully be excluded.

SECTION 19 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide Services to you shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Nothing in these Terms prevents a consumer from exercising any right or remedy available under applicable South African consumer protection legislation.

SECTION 20 — CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service on this page.

We reserve the right, subject to applicable law, to update or change these Terms by posting an updated version on our website.

Changes to these Terms will apply prospectively unless applicable law permits otherwise and will not remove rights already acquired by customers under existing transactions where those rights cannot lawfully be altered.

SECTION 21 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Armchair Generals
Email: info@armchairgenerals.co.za