THE PRO SHOP — TERMS & CONDITIONS
MoreCorp (Pty) LTD TRADING AS The Pro Shop
Date last amended: 10 December 2025
The Pro Shop provides the information contained on this
website and the pages comprising the website (“website”) and advertises and
sells the products to you, subject to the terms and conditions set out herein
and as may be referenced herein (“the terms”) unless otherwise stated. For the
purposes of these terms, “products” means those items offered for sale by The
Pro Shop or the services made available from time to time via the website.
Competitions and Promotions Terms & Conditions
Click HERE to view the General Terms and Conditions
applicable to all competitions conducted by The Pro Shop.
T&Cs for promotional activities and voucher campaigns
·
Certain codes are not valid online and may be
excluded from specific promotions.
1. Acceptance
By accessing and using the website, you agree to be bound by
the terms. The Pro Shop may modify the terms at any time. The amended terms
will be made available on the website. Each time you use the website, you agree
to the terms as amended.
2. Content of the Website
Whilst every effort is made to update the information
provided on this website on a regular basis, The Pro Shop makes no
representations or warranties, whether express, implied in law or residual, as
to the accuracy, completeness or reliability of any information, data and/or
content on the website. The Pro Shop reserves the right at any time to change
or discontinue without notice, any aspect or feature of the website and any
information, data and/or content on the website.
3. Access Credentials
Before purchasing any products via the website, you may be required
to enter your username and password or other unique identifying information.
Jointly we refer to the username and password and other unique identifying
information as your "Access Credentials" (“Credentials”).
You undertake to ensure that your Credentials are not
disclosed to any third party and to immediately report any actual or potential
unauthorised access to or use of your Credentials. On receipt of such
communication, The Pro Shop reserves the right to reject any communication
received from you, suspend the processing of any communications and orders not
yet executed by The Pro Shop and immediately deactivate your Credentials. You
shall thereafter be obliged to refrain from ordering any products until such time
as new Credentials have been authorised by The Pro Shop. The Pro Shop may from
time to time require you to change your Credentials and you undertake to comply
with such instruction immediately.
4. Verification
You agree that all instructions, consents, orders and other
communications which purport to originate from you or a person who had
authority to act on your behalf to operate automatically (unless it is proved
that such information system did not properly execute such programming)
(collectively "the originator") and which are sent to The Pro Shop
electronically and which may (as a result of interception, equipment
malfunction, the distortion of communication links or any other reason
whatsoever) be different from the instructions actually sent or given, or may
not have been given by you at all, shall be deemed to have been given by the
originator in the form actually received by The Pro Shop and you will be bound
by such instruction with no liability of whatever nature attaching to The Pro
Shop in regard thereto.
You waive any rights that you may have or obtain against The Pro Shop arising
directly or indirectly from any loss or damage of whatsoever nature which you
may suffer as a result of the fact that The Pro Shop acts on your
instructions/orders or instructions/orders purported to emanate from you and
you indemnify The Pro Shop against all and any claims, liabilities, losses,
costs, fines, damages and expenses incurred (whether directly or indirectly) by
you, arising as a result of the fact that The Pro Shop has acted on your
instructions/orders or instructions/orders which purported to emanate from you.
5. Orders, Confirmation & Delivery
The advertising of products via the website merely
constitutes an invitation by The Pro Shop for you to make an offer to purchase
products and we remain entitled to reject any order without giving reasons,
therefore, as erroneous or outdated prices may be displayed on this website
from time to time, you agree that we will not be obligated to sell a product at
such erroneous price.
Once you have selected the product you wish to purchase and
submitted your order to The Pro Shop, you will be given the opportunity to
review the entire transaction and correct any mistakes, before electing whether
to withdraw from the transaction or proceed with the transaction. By clicking
on the "purchase" or similar "final submit" button you are
deemed to have submitted an offer to purchase the product/s selected by you
("order") and the order cannot be withdrawn by you unless expressly
agreed to by The Pro Shop. The Pro Shop reserves the right to cancel the order
for any reason on notice to you. Receipt of a confirmation of the order (which
does not constitute acceptance by The Pro Shop to process the order) will be
sent to you once we receive your order. Although the website is set up to
confirm receipt of orders, technical or other problems may delay or prevent
such confirmations. DO NOT resend your instruction if you do not receive a
confirmation from us as this may lead to a duplicate transaction for which you
will be held liable. Please note that a transaction will only be deemed to have
been concluded once the product/service in question has been
delivered/collected in accordance with the selected delivery option or agreed
process. Delivery times are estimates only and we are not liable for any late
deliveries.
A pre-order is not a completed or confirmed order. Although every effort will
be made to source the requested product, we cannot guarantee the availability
of any product. We also reserve the right to decline any pre-order without
reason. Once in receipt of a pre-order, we will reserve the product for
purchase by you subject to stock availability. Final pricing of pre-ordered
products may vary from the price displayed at the time the pre-order was
placed. All pre-orders will be confirmed with you telephonically or via
email.
A product request is not an order. Although every effort will be made to source
the requested product, we cannot guarantee the availability or existence of any
product. We also reserve the right to decline any product request. Once in
receipt of a product request we will contact the relevant supplier to establish
stock availability and pricing. All product requests will be confirmed with you
telephonically or via email.
Any applications which you submit to us via the website will be subject to our
normal approval processes and procedures. We reserve the right to withhold
approval at our sole discretion. We reserve the right to verify the identity of
any purchaser, or the payment method used. This may require you being required
to, inter alia, send us a copy of your identity document, proof of residence,
and copy of the front and back of your credit card. Failure to do so may result
in us cancelling the order without reason. If The Pro Shop approves your
application, you may be required to sign additional terms & conditions,
which will form the basis of The Pro Shop's agreement with you. A copy of these
terms can be obtained by calling our helpdesk on 0800 000 999. If you do not
agree to these additional terms & conditions, then your application will be
cancelled, and you will not be entitled to use or access the product or service
you have subscribed to.
6. Performance
All orders shall be executed within the period notified
therefor by The Pro Shop. The Pro Shop shall notify you should any products be
unavailable for any reason whatever. For information on guarantees applicable
to products purchased by you, please see our warranties / guarantee policy. You
accept that the display of products is not necessarily a guarantee that a
product is available.
7. Payment
For details on payment options, please refer to the payment
options.
Please note, due to banking regulations we do not accept forex online or
in-store.
8. ECT Act Section 43(1) Compliance
Full Name: MoreCorp (Pty) Ltd
Physical Address: 8 Waterval Crescent South, Woodmead, Johannesburg
Fax: +27 (0) 11 802 5064
Telephone: +27 (0) 11 602 8888
Website: www.theproshop.co.za
Country: South Africa
Directors: D.M. Edges & A.D. Miller
Address for service: 12 Stirrup Lane, Woodmead Office Park, Woodmead,
2192
Records retained for 90 days.
Registration Numbers:
2002/006838/07
4500198868
9533294147
9. Cooling-Off Period and Returns
In addition to the rights set out in our return policy, if
you qualify as a consumer in terms of the Electronic Communications and
Transactions Act you may enjoy certain cooling-off rights in terms of which you
can cancel any transaction for the supply of goods within 14 days after the
date of receipt of the goods or services within 14 days after the date of
conclusion of the agreement, without reason or penalty. This does not apply to
certain goods or services.
Please refer to the return policy, which sets out our policy regarding returns.
If you have made payment prior to exercising your right to return the products,
The Pro Shop will refund you the full purchase price thereof, less any direct
costs incurred by The Pro Shop in returning such goods.
10. Privacy and Security
All personal information obtained by The Pro Shop by virtue
of your use of this website is protected as set out in our privacy and security
policy. Further, the security processes and procedures used by The Pro Shop to
protect information transmitted via the website are also set out in the privacy
and security policy.
11. Copyright and Intellectual Property
Copyright and all intellectual property rights in all
materials, texts, drawings, and data made available on this website
(collectively "the materials") are owned by The Pro Shop
alternatively, The Pro Shop is the lawful user thereof and are protected by
both South African and international intellectual property laws. Accordingly,
any unauthorised copying, reproduction, retransmission, distribution,
dissemination, sale, publication, broadcast or other circulation or
exploitation of such material or any component thereof will constitute an
infringement of such copyright and other intellectual property rights; save
that you may use the materials or any component thereof for your own internal
purposes and for the purposes of ordering products from The Pro Shop.
The trademarks, names, logos, and service marks
(collectively "trademarks") displayed on this website are registered
and unregistered trademarks of The Pro Shop. Nothing contained on this website
should be construed as granting any licence or right to use any trademark
without the prior written permission of The Pro Shop.
12. External Links
External links may be provided for your convenience, but
they are beyond the control of The Pro Shop, and no representation is made as
to their content. Use or reliance on any external links provided is at your own
risk. When visiting external links, you must refer to the external terms and
conditions of use. You may not link to this website, in any manner, or frame
any content of this website in any other manner or otherwise use the content
without the express prior written permission of The Pro Shop.
13. Unlawful Use
You shall not use the website to send or post any message or
material that is unlawful, harassing, defamatory, abusive, indecent,
threatening, harmful, vulgar, obscene, sexually-orientated, racially offensive,
profane, pornographic or violates any applicable law and you hereby indemnify
The Pro Shop against any loss, liability, damage or expense of whatever nature
which The Pro Shop or any third party may suffer which is caused by or
attributable to, whether directly or indirectly, your use of the website to
send or post any message or material as aforesaid.
14. Warranties, Disclaimers and Limitation of Liability
Save as set out in these terms or as required under the
Consumer Protection Act, 2008 (“CPA”), The Pro Shop makes no warranties,
representations, statements or guarantees regarding the website or products.
The website and products made available via the website are provided “as is”.
Except as set out in section 61 of the CPA, neither The Pro
Shop nor its directors shall be responsible for and disclaims all liability for
any loss, liability, damage (whether direct, indirect or consequential) and/or
expense of any nature whatsoever which may be suffered by you or any third
party, as a result of or which may be attributable, directly or indirectly, to
your access and use of the website and/or any information contained on or via
the website and/or your use of the products. Without limiting the generality of
the aforegoing, neither The Pro Shop nor its directors shall be liable for any
failure and/or unavailability of the website for any reason whatever and/or the
failure/delay by any third-party service provider to render any service which
is necessary to ensure the availability of the website.
You hereby indemnify The Pro Shop or its directors against
any loss, liability, damage (whether direct or consequential) or expense of any
nature whatsoever which may be suffered by you or any third party as a result
of or which may be attributable directly or indirectly to the aforesaid.
Notwithstanding anything to the contrary contained herein, The Pro Shop shall
not be liable for any direct, indirect, contingent or consequential loss
(including but not limited to loss of business, loss of data and/or loss of
profits) incurred or sustained by you or any third party howsoever arising in
respect of your use of or reliance of any information offered on or via the
website and/or your use of the products.
Without limiting the generality of the aforegoing, The Pro
Shop shall not be liable to you or any third party for any loss or damage of
whatsoever nature if you request that an order be stopped or cancelled.
By accessing the website, you warrant and represent to The Pro Shop that you
are legally entitled to do so, or to purchase any of the products offered for
sale via the website. You further warrant that all the details you have given
are true and complete and that you are legally capable of concluding this
transaction. If you are younger than 21 years of age you warrant that you have
the consent of your legal guardian to enter into this agreement with The Pro
Shop or that you have obtained legal status in another manner.
We may in our sole discretion at any time suspend or terminate the operation of
this website without prior notice to you and without the need to give you
reasons for such termination.
15. Use of the Website
The Pro Shop does not make any warranty or representation
that information and products advertised on the website are appropriate for use
in any jurisdiction. By accessing the website, you warrant and represent to The
Pro Shop that you are legally entitled to do so and to make use of information
and purchase the products made available via the website.
16. Address for Service
The address for service for all purposes relating to these
terms of use including the giving of any notice, the payment of any sum, the
serving of any process, is the address set and the fax number set out in section
8.
The Pro Shop shall be entitled from time to time, by giving notice to you, to
vary its physical address for service to any other physical address within the
Republic of South Africa, and to vary its facsimile address for service to any
other facsimile number.
17. General
Without detracting from the provisions of your account terms
and conditions, the terms constitute the sole record of the agreement between
you and The Pro Shop in relation to your use of this Website. No indulgence or
extension of time which either you or The Pro Shop may grant to the other will
constitute a waiver of or, whether by estoppel or otherwise, limit any of the
existing or future rights of the grantor in terms hereof, save in the event or
to the extent that the grantor has signed a written document expressly waiving
or limiting such rights. The Pro Shop shall be entitled to cede, assign and
delegate all or any of its rights and obligations in terms of these terms.
All provisions of these terms and conditions are, notwithstanding the manner in
which they have been grouped together or linked grammatically, severable from
each other. Any provision of these terms and conditions which is or becomes
unenforceable in any jurisdiction, whether due to voidness, invalidity,
illegality, unlawfulness or for any reason whatever, shall, in such
jurisdiction only and only to the extent that it is so unenforceable, be
treated as pro non scripto and the remaining provisions of these terms and
conditions shall remain in full force and effect.
Should The Pro Shop be prevented from fulfilling any of its obligations to you
as a result of any event of force majeure, then those obligations shall be
deemed to have been suspended to the extent that and for as long as The Pro
Shop is so prevented from fulfilling them and your corresponding obligations
shall be suspended to the corresponding event. In the event that force majeure
continues for more than fourteen days after it has first occurred then The Pro
Shop shall be entitled (but not obliged) to terminate all of its rights and
obligations in terms of or arising out of these terms by giving notice to you.
An "event of force majeure" shall mean any event or circumstance
whatsoever which is not within the reasonable control of including, without
limitation, vis major, casus fortuitus, any act of God, strike, theft, riots,
explosion, insurrection or other similar disorder, war (whether declared or
not) or military operations, the downtime of any external telecommunications
line, power failure, international restrictions, any requirement or any
international authority, any requirement of any government or other competent
local authority, any court order, export control or shortage or transport
facilities.
These terms shall be governed by and construed in accordance with the laws of
the Republic of South Africa without giving effect to any principles of
conflict of law. You hereby consent to exclusive jurisdiction of the High Court
of South Africa in respect of any disputes arising in connection with the services
referred to herein, or the terms or any matter related to or in connection
therewith.
For purposes of calculating any time periods, GMT +2 shall
be used.
Your terms and conditions shall apply to all transactions you conclude via this
website.
A certificate issued by an administrator of this website shall constitute prima
facie proof of any fact related to this website, including but not limited to
which version of the terms and conditions govern a particular dispute and what
content was published or functionality was available on the website at a
specific point in time.
The deeming provisions of the ECT Act are excluded to the
extent that no message shall be deemed to have been received by us unless we
acknowledge receipt thereof in writing. This does not detract from the fact
that if you submit an order more than once you may have concluded a double
transaction for which you will be liable and that a transaction will only be
deemed to have been concluded between you and The Pro Shop on
delivery/collection of the product or service.
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