Introduction

Introduction

  1. This website can be accessed at www.ephunting.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Driven Logistics LLC trading as EP Hunting (“EP Hunting”, “we”, “us” and “our”).
  2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  3. 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.
  4. The Website enables you to shop online for an extensive range of goods including sport, home and kitchenware, baby and toddler products, electronics, health and beauty products, movies and TV, gaming, books, eBooks, music, toys, pet supplies, and more (“Goods”).

Important Notice

  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  2. 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 Driven Group or a third party; and/or
    2. may create risk or liability for the user; and/or
    3. may compel the user to indemnify Driven Group or a third party; and/or
    4. serves as an acknowledgement, by the user, of a fact.
  3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Driven Group to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with eBooks, please pay particular attention to clause 10 below, which describes the nature, functionality, usage rights and delivery of eBooks.
  5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Driven Group in terms of the CPA.
  6. Driven Group permits the use of this Website subject to the 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.

Shipping Policy

For local courier we use “USPS” and UPS.

As most of the products listed on this web site are in stock we ship the goods within 24 to 48 hours after payment has been cleared, however in the event that a product is on back order or production, it may take 7 – 14 days before the product is shipped.
Please note that we also sell third party products. In the case of third party products we cannot guarantee when your products will be sent out, it will depend on availability at that supplier.

We process all paid for orders (money in our account) at 09h00 each morning. If we received your order and payment before 09h00, your order will go out the same day. If we receive your order and payment after 09h00 in the morning, your order will go out the next working day. (Only applies to our stock items and not third party products)

Normal Courier leaves us by 16h00

Orders received on a Friday go out the following Monday (if that Monday is a public holiday, it will go out on the following business day)

We do our best to get your order to you as quickly as possible.

Should a product be out of stock, you will be notified  and offered a suitable replacement, an option to wait a few more days or a full refund.

We have various shipping options:

  • Local Courier to your Street Address – about 24 to 96 hours depending on your location – Major Cities = faster.
  • Local Express Courier – takes 24 to 72 Hours depending on your location – Major Cities = faster.

Shipping charges are calculated according to the volumetric weight of the parcel.

Please select the appropriate shipping option when you check out.

How will I know if my parcel has been sent? We update the status of your order all the time. The moment we sent the goods the status will change to “Shipped” and you will receive your tracking number.  

How long does it take?
Depends on the option you select and where in the country you are. Courier to Major centers are always faster than the small rural towns. If you stay on a farm or rural community, do not expect your parcel within 24 hours. If you need your parcel within 24 hours, do not pay for the 4 day service and expect to receive the 24 hours service, we send it with the service you pay for, irrespective of how urgently you need it.  

What if I am not home?
If you selected the courier option and you are not home when they want to deliver your parcel, they will call you and arrange a time with you. If you selected the postage option, you are most probably not home because you are collecting your parcel from the post office.  

Do you ship internationally?

Not at the moment.

Delivery addresses:

PLEASE NOTE: The courier company can ONLY deliver to a valid street address.
If you do not have a valid street address ask a friend or relative if you can have your parcel delivered there.


Return & Refund Policy

Refunds:

We are able to offer you a refund or exchange if the item is faulty and we will pay for the shipment back to us. However, if you would like to return the product because you changed your mind, the return postage is at your own expense. The product must be in the original box with the original packaging unopened and sealed. We will check all returns before the refund or exchange is issued.   A 30% handling charge will be issued for goods not being returned with their ‘original’ packaging, cables, screws, brackets or any other components that were originally supplied with the product.  This also applies for defective goods younger than 30 days.

Pictures on web site:

The pictures displayed on the web site are for illustration purposes only. Although we do our best to post accurate pictures of the products, products may be a bit different from the picture. And NO, if there is a vehicle in the picture demonstrating a snorkel, the vehicle is NOT included in the price. Same for vehicles in LED Bar and LED Spots pictures.

Fitment is your responsibility:

We only supply the goods to you. Installation is for your own account and your own risk.
We do not and cannot accept any responsibility for any problems that occur during installation.
If you bought a product which has to be fitted to your vehicle we strongly suggest that you have it done by a registered, professional fitment center.

Special Offers:

Special offers is only for online orders. Phone in and email orders does not qualify for special discount. Please note that all newsletter subscribers receive details about our once a month crazy special deal. If you are not subscribed, you will not know about it (ie. Loose out).

Special orders:

We can place special orders on request and require a 50% deposit for special orders.  

Keeping products:

Sorry, we cannot keep something for you. While we keep something for you, somebody else could have bought it.
If you want something you should buy it. If you want to keep something so that it can be shipped with more products later, buy it and just add in the comment section that we must keep it for you for later. We work on a strict first come first serve basis.

Contact Response:

We try to answer all queries within 12 hours during business hours, but sometimes the load becomes too much and the time might increase to 24 to 48 hours. If you haven’t heard from us within 48 hours you know we did not receive your query.

Warranties:

Warranty claims will only be processed if the products are accompanied by an original invoice. We need to see that you bought the item from as and need to see when you bought it.
We only replace the products under warranty, fitment is for the client’s own expense.


General Legal Terms

1.  Changes to these terms and conditions

1.1.    Driven Group LLC 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.

1.2.    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.

2.  Electronic communications

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 10 above.

3.  Ownership and copyright

3.1.    The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, 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 Driven Group, its advertisers and/or sponsors and/or is licensed to Driven Group.

3.2.    You will not acquire any right, title or interest in or to the Website or the Website Content.

3.3.    Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at e-mail aj[at]driven[dot]co[dot]za.

3.4.    Where any of the Website Content has been licensed to Driven Group or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

4.  Disclaimer

4.1.    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.

4.2.    Whilst Driven Group takes reasonable measures to ensure that the content of the Website is accurate and complete, Driven Group 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.

4.3.    Driven Group disclaims liability for any damage, loss or liability, 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.

4.4.    Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the 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.

4.5.    Any views or statements made or expressed on the Website are not necessarily the views of Driven Group, its directors, employees and/or agents.

4.6.    In addition to the disclaimers contained elsewhere in these Terms and Conditions, Driven Group also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. 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, jeopardize, 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 wilful misconduct of Driven Group, its employees, agents or authorized representatives. Driven Group thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

5.  Linked third party websites

5.1.    This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Driven Group is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

5.2.    Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

6.  Limitation of liability

6.1.    Driven Group 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 wilful misconduct of Driven Group, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to aj(at)driven[dot]co[dot]za.

6.2.    DRIVEN GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

6.3.    YOU HEREBY INDEMNIFY DRIVEN GROUP 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.

7.  Availability and termination

7.1    We will use reasonable endeavors 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.

7.2.    Driven Group may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Driven Group will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.

7.3.    If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

8.  Governing law and jurisdiction

8.1.    These Terms and Conditions and our relationship and/or any dispute arising from or in connection with 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.

8.2.    In the event of any dispute arising between you and Driven Group LLC, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

8.3.    Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

9.  Notices

9.1.    Driven Group hereby selects Driven Group LLC, 16192 Coastal Hwy, Lewes, DE, 19958 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Driven Group LLC may change this address from time to time by updating these Terms and Conditions. 

9.2.    You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Driven Group not less than 7 days’ notice in writing.

9.3.    Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –

9.3.1.        by hand will be deemed to have been received on the date of delivery;

9.3.2.        by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

9.3.4.        by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

10.  Superbalist information

For the purposes of the ECT Act, Driven Group’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

10.1.    Full name: Driven Logistics LLC t/a ephunting.com, a private company registered in Lewes, Delaware, USA

10.2.    Main business: Online retailer

10.3.    Physical address for receipt of legal service (also postal and street address): Driven Group LLC, 16192 Coastal Hwy, Lewes, Delaware, 19958

10.4.    Office bearers: AJ Deysel

11.  General

11.1.    Driven Group LLC 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.

11.2.    You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

11.3.    Any failure on the part of you or Driven Group LLC to enforce any right in terms hereof shall not constitute a waiver of that right.

11.4.    If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

11.5.    No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

11.6.    No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

11.7     These Terms and Conditions contain the whole agreement between you and Driven Group LLC and no other warranty or undertaking is valid, unless contained in this document between the parties.