Terms of Service

These Terms of Service are effective as of 6 November 2019 “Effective Date” READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

1. Introduction

1. This site www.pascalsbricks.co.za is made available and owned by Pascal Parent (hereinafter referred to as “Pascal’s Bricks”, “Pascal’s Bricks Website” “Website”, “we”, “our” or “us”). Any reference to “Pascal’s Bricks”, “we”, “our” or “us”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
2. These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any person who uses the Services, accesses, refers to, views and/or downloads any information or material made available on Pascal’s Bricks for whatever purpose (hereinafter referred to as “User”, “Users”, “you” or “your”).
3. Accessing and/or use of the Pascal’s Bricks Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use Pascal’s Bricks. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
4. To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Pascal’s Bricks Website, as indicated above, as well as being e-mailed to the User/Purchaser/Subscriber. Your continued use of the Website and/or the Services will be construed as your consent to the amended or updated Terms and will be conditional upon the Terms in force at the time of your use. Your only remedy, should you not agree to these Terms, is to stop your use of this Website.

2. Terminology

1. The following terminology applies to these Terms:
   1. “Free Content” shall refer to any content which is placed on the Pascal’s Bricks Website or other services (which do not require a Subscription Fee in respect thereof), and/or which may be downloaded from it, but for which, access to which Pascal’s Bricks makes available to a User, Subscriber, or Purchaser for free;
   2. “Party” or “Parties” refers to a User, Purchaser, Subscriber and/or Pascal’s Bricks, as the context requires;
   3. “Products” refers to printed books, e-books, clothing and other products as sold on the Pascal’s Bricks Website from time to time;
   4. “Purchaser” refers to a person and or entity which purchases Products available on the Pascal’s Bricks Website;
   5. “Services” shall refer to any services, packages or otherwise in terms of which a Subscriber is required to make payment of a Subscription Fee in order to obtain access thereto;
   6. “Subscriber” shall refer to an individual or entity which utilises any Services offered by Pascal’s Bricks;
   7. “User” refers to a person or entity which utilises the Pascal’s Bricks Website as neither a Purchaser or Subscriber, and which will only have access to the Free Content.
2. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

3. Your Agreement to these Terms

1. Subject to, and on the basis of your acceptance of the Terms, Pascal’s Bricks grants you a limited, revocable, non-transferable license to access and use Pascal’s Bricks, the Free Content, the Services and Products in accordance with the various policies and agreements in place from time to time which may govern such use and access including these Terms.

4. Description of our Services

1. We provide Free Content, Products and Services pertaining to LEGO Models which are aimed at the hobbyist.
2. In consideration for the Products, Pascal’s Bricks charges a Product Fee as set out in clause 5 below.

5. Product Fee

1. The Product prices shall, where applicable, be visible on the Pascal’s Bricks Website, and which prices shall reflect any applicable VAT together with courier charges (“Product Fees”).
2. Pascal’s Bricks will allow for pre-orders to be placed on certain Products, however and in this event, these Products will only be invoiced to the Purchaser once the Product has been received by Pascal’s Bricks and is ready for shipment to the Purchaser.
3. Certain of the Products will be available as e-books, which will be available for download, among others at the discretion of the Company, from Amazon Kindle or in a DRM PDF format .

6. Provision Pertaining to both Subscription Fees and Product Fees

1. Subscription Fees and Product Fees shall, at the discretion of Pascal’s Bricks, be effected via electronic funds transfer, debit or credit card payments, payment gateways provided via independent third party payment service providers. Subscribers and Purchasers are encouraged to consult the websites of any third-party payment service providers to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through the Pascal’s Bricks Website and/or any and all resellers utilised by Pascal’s Bricks.
2. Subscription Fees and Product Fees shall only be processed if payment is made in South African Rands.

7. Refund Policy

1. Refunds will only be permitted in the sole, unfettered and absolute discretion of Pascal’s Bricks, and only in limited circumstances, at the discretion of Pascal’s Bricks.
2. Refund requests can be initiated by sending an email to info@pascalsbricks.co.za. Included in such email should be an explanation of why a refund ought to be granted by Pascal’s Bricks.
3. Any refunds agreed to by Pascal’s Bricks shall be, in respect of Services which do not comprise physical Products, in the form of vouchers to the Purchaser’s credit redeemable only on the Pascal’s Bricks Website, otherwise, same shall be provided for by way of cash refund, provided that the Product is returned in original condition .

8. Delivery

1. All Products as ordered through the Website shall be delivered to the Purchaser by a courier company as designated by Pascal’s Bricks as soon thereafter as may be possible after having received payment of the respective Product Fee in respect of such Product.
2. Pascal’s Bricks undertakes to advise the Purchaser once the Product has been dispatched together with an approximate delivery date, which date shall not fall on a public holiday or weekend.
3. Should the Purchaser not receive the Product within the time period envisaged, then and in that event, the Purchaser shall be entitled to contact Pascal’s Bricks, who will investigate on the Purchaser’s behalf. This shall not, however, entitled the Purchaser to a refund or other reduction in the Product Price.

9. Disclaimer

1. Pascal’s Bricks makes no express, implied or statutory representations, warranties, or guarantees in connection with this Website, the Services, the Products, the Free Content, any other Users, Purchasers or Subscribers of the Website, including but not limited to partners, or third parties, or any materials on the Website relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website.
2. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Website, and any information contained or presented on this Website is provided to you on an “as is,” “as available” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using this website.
3. Without limiting the generality of the foregoing, Pascal’s Bricks makes no warranty that this Website will meet a User/Purchaser/Subscriber’s requirements, or that this Website will be uninterrupted, timely, secure, error free or that defects in this Website will be corrected.
4. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by a User, Purchaser or Subscriber through this Website or from Pascal’s Bricks or its third-party service providers shall create any warranty enforceable as against Pascal’s Bricks.
5. To the maximum extent permissible by applicable laws, Pascal’s Bricks denounces any fiduciary responsibilities to any Users of the Website.

10. Unauthorised Use of This Website

1. You are specifically not permitted to use this Website in any of the following ways (which list should not be deemed to be exhaustive of Pascal’s Bricks rights in this regard):
   1. For any public or commercial exploitation which includes the use of this Website on another site or through a networked computer environment;
   2. In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
   3. To stalk, harass, or harm another individual;
   4. To impersonate any person or entity or otherwise misrepresent the true state of affairs;
   5. To interfere with or disrupt this Website or servers or networks connected to this Website;
   6. To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
   7. Attempt to gain access to any portion of this Website, to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.

11. Copyrights

1. Pascal’s Bricks and the contents of the Website, including but not limited to text, videos and photographs are the property of Pascal’s Bricks, is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on Pascal’s Bricks, the Free Content, Products and/or the Services, is our exclusive property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
2. Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Pascal’s Bricks, and further, should such consent be provided, Pascal’s Bricks reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
3. You are expressly prohibited to “mirror” any content, contained on Pascal’s Bricks, on any other server unless with the prior written permission of Pascal’s Bricks, and further, should such consent be provided, Pascal’s Bricks reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
4. We do not permit copyright infringing activities and infringement of intellectual property rights on Pascal’s Bricks, and we may, at our sole discretion, remove any infringing content if we are of the view that such content infringes on another’s intellectual property rights or our own.
5. All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are the exclusive property of Pascal’s Bricks.

12. Assignment

1. You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. Pascal’s Bricks may assign its rights and/or obligations under these Terms to any other party at our discretion and without any prior notice to you.

13. Force Majeure

1. Without limiting the foregoing, no Party to these Terms shall be held liable for any failure to perform in terms of these Terms if such failure is as a result of any act beyond the control of any Party to these Terms (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone service or internet connectivity, server failure, or technological failure. Neither you, nor Pascal’s Bricks, are entitled to terminate these Terms in such circumstances. Any Party affected by such event shall forthwith inform the other Party of same, and shall use all reasonable endeavours to comply with the Terms.

14. General

1. To the extent permitted by law, these Terms, and the provision of our Services, shall be governed by and construed in accordance with South African law, and any dispute arising out of these Terms, the Free Content, Products and/or our Services shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
2. To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the South Gauteng High Court or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, this Privacy Policy, our Services, and/or related agreements incorporated by reference.

17. Severance

1. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by Pascal’s Bricks to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

18. Domicilium Citandi Et Executandi and Contact Information

1. The Parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
   1. Pascal’s Bricks: Physical Address: Unit 9, Villa Ravella, 278 Swartgaud Street, Winchester Hills Ext 2, Gauteng, 2091 Tel: +27 (11) 568 3476 Email: info@pascalsbricks.co.za
   2. User/Purchaser/Subscriber: The addresses as provided for shipping of the product, alternatively the registration/contact form as found on the Website.
2. A Party may change its domicilium to any other physical address or email address by written notice to the other party to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
3. All notices to be given in terms of these Terms will:
   1. be given in writing;
   2. be delivered or sent by email; and
   3. be presumed to have been received on the date of delivery.
   4. Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.