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Terms and Conditions
Northern Cape Sports (Pty) Ltd t/a Desnic Sports
Website: desnicsports.co.za
Effective date: 15 April 2026
Last updated: 15 April 2026
1. Introduction and acceptance
1.1 These Terms and Conditions (“Terms”) govern your access to and use of desnicsports.co.za (“the Website”), including browsing the Website, creating an account, placing orders, purchasing goods online, using any in-store or click-and-collect systems linked to the Website, and interacting with us electronically.
1.2 The Website is operated by Northern Cape Sports (Pty) Ltd, registration number 2026/104895/07, trading as Desnic Sports (“Desnic Sports”, “we”, “us”, “our”).
1.3 By using the Website, registering an account, placing an order, or otherwise transacting with us electronically, you acknowledge that you have read, understood and agree to be bound by these Terms, together with our:
as amended from time to time.
1.4 If you do not agree to these Terms, you must not use the Website or place an order through it.
1.5 These Terms form a binding agreement between you and Desnic Sports each time you access the Website or place an order, subject to applicable South African law.
2. Supplier details
2.1 The supplier of goods sold on the Website is:
Northern Cape Sports (Pty) Ltd
Registration number: 2026/104895/07
Trading name: Desnic Sports
Physical address: Urban Corner, Shop 8B, C/O Waterworks and Jacobus Smith Street, Kimberley
Email: sales@desnicsports.co.za
Telephone: +27 53 831 1263
Website: https://desnicsports.co.za
2.2 Information Officer:
Jannie Scholtz
Email: jannie@desnicsports.co.za
Telephone: +27 53 831 1263
3. Important notices
3.1 These Terms contain provisions that may:
- limit our risk or liability;
- create risk or liability for you;
- require you to indemnify us; or
- require disputes to be resolved in a particular way.
3.2 You should read these Terms carefully before using the Website or placing an order.
3.3 Nothing in these Terms is intended to unlawfully restrict, limit or exclude any right or remedy that you may have under the Consumer Protection Act 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), POPIA, or any other applicable law.
4. Who may use the Website
4.1 You may use the Website only if you have legal capacity to enter into binding agreements under South African law.
4.2 If you are under 18, you may use the Website only with the involvement and consent of your parent or legal guardian.
4.3 If you place an order on behalf of a company, school, club, team, trust, partnership or other entity, you warrant that you are duly authorised to bind that entity.
5. Website content and product information
5.1 We make reasonable efforts to ensure that product descriptions, specifications, pricing, imagery, size information, availability and other Website content are accurate and up to date.
5.2 However:
- colours may display differently depending on your screen or device;
- packaging may vary from images shown;
- size guides are guides only and are not guarantees of fit;
- products may be updated, replaced or discontinued by manufacturers without notice;
- certain stock may be subject to supplier confirmation.
5.3 Product images are for illustrative and merchandising purposes. Accessories, add-ons or secondary items shown in an image may not be included unless expressly stated in the product description.
5.4 Sports, training, protective and performance equipment must be selected, fitted, used, maintained and supervised appropriately. Desnic Sports is not responsible for injury, damage or loss arising from improper sizing, improper use, misuse, abuse, alterations, inadequate supervision, or failure to follow manufacturer instructions.
5.5 Any advice given on the Website, in-store, by phone, email, chat, social media or otherwise is general product guidance only and does not amount to a guarantee that a product is suitable for your particular purpose unless we have expressly agreed to that in writing.
6. Account registration and security
6.1 You may be required to create an account to access certain Website functions.
6.2 You agree to provide accurate, current and complete information and to keep it updated.
6.3 You are responsible for:
- keeping your username and password confidential;
- restricting access to your account;
- all activities that occur under your account.
6.4 You must notify us immediately if you suspect unauthorised access to your account.
6.5 We may suspend, restrict or terminate your account if we reasonably believe that:
- information supplied is false or misleading;
- your account is being used unlawfully or fraudulently;
- your use of the Website breaches these Terms; or
- suspension is necessary to protect the Website, our business, customers or third parties.
7. Electronic communications
7.1 When you visit the Website, send us emails, submit forms, place orders, create an account, subscribe to marketing, or otherwise communicate with us electronically, you consent to receiving communications from us electronically.
7.2 You agree that agreements, notices, disclosures, invoices, order confirmations, statements, policies and other communications that we send electronically satisfy any legal requirement that such communications be in writing.
8. Orders and conclusion of sale
8.1 Displaying products on the Website does not constitute a binding offer by us. It is an invitation to do business.
8.2 Your order is an offer to purchase the goods selected by you subject to these Terms.
8.3 No sale is concluded until we accept your order. We may accept or decline an order in whole or in part.
8.4 We may refuse or cancel an order, including after payment has been authorised, where:
- stock is unavailable;
- there is a genuine pricing, description or technical error;
- the order is flagged as suspicious, unlawful or fraudulent;
- we cannot verify payment;
- the delivery address falls outside our service capabilities;
- supplier constraints prevent fulfilment;
- the customer is in breach of these Terms.
8.5 If we cancel an order after receiving payment, we will refund the amount actually received by us for the cancelled item or order, subject to applicable law.
8.6 Placing goods in a cart or wishlist does not reserve stock.
8.7 We reserve the right to limit order quantities, per-customer quantities and promotional quantities.
8.8 ECTA requires an online supplier to display certain information, allow consumers to review the transaction, correct errors and withdraw before finally placing the order, and to maintain sufficiently secure payment systems. These Terms are intended to operate alongside those requirements.
9. Pricing, VAT, promotions and pricing errors
9.1 Unless stated otherwise, prices displayed on the Website are in South African Rand (ZAR).
9.2 Prices include VAT only if expressly indicated.
9.3 Delivery charges, payment surcharges if any, and other additional charges will be shown at checkout or before final order submission where applicable.
9.4 We may change prices at any time before order acceptance.
9.5 If a product is listed at an obviously incorrect price or with an obvious error due to a typographical, system, feed, import or human error, we may cancel the order before dispatch and refund any payment received.
9.6 Promotions, discount codes, bundles, giveaways and special offers:
- are subject to availability;
- may be limited by date, quantity, category, product or customer;
- may not be combined unless expressly stated;
- may be withdrawn, corrected or extended at our discretion;
- are void where prohibited by law.
9.7 Sale, promotional, clearance and end-of-range items may be subject to separate pricing, stock and return conditions, but any non-excludable statutory rights remain unaffected.
10. Payment
10.1 We accept the payment methods displayed on the Website from time to time.
10.2 All payments must be made in full before dispatch or collection, unless we expressly agree otherwise in writing.
10.3 Payment is processed via third-party payment service providers using their own systems, rules and verification measures.
10.4 By submitting payment details, you warrant that:
- you are authorised to use the payment method;
- the payment details are valid;
- sufficient funds or credit are available.
10.5 We may require additional verification before accepting an order.
10.6 Ownership in the goods remains with Desnic Sports until full cleared payment has been received.
10.7 We do not intentionally store full card details unless expressly stated and lawfully secured through an appropriate payment provider environment.
11. Delivery, collection, risk and performance
11.1 We will use reasonable efforts to deliver within the estimated time indicated on the Website or otherwise communicated to you, but delivery times are estimates only.
11.2 Delivery is subject to stock availability, payment confirmation, courier coverage, public holidays, force majeure events and operational constraints.
11.3 Risk in the goods passes to you upon:
- delivery to the delivery address provided by you; or
- collection by you or your authorised representative.
11.4 You are responsible for ensuring that:
- the delivery address is accurate and accessible;
- someone authorised is available to receive the parcel where signature or attendance is required;
- collection is made timeously where collection is selected.
11.5 We may treat delivery as completed if a parcel is delivered to the address, person, security desk, reception area, collection point or authorised recipient indicated in your order or reasonably associated with your instructions.
11.6 We may use third-party couriers, aggregators and logistics providers. Their operational constraints, scanning events, routing systems and delivery procedures may affect timing and tracking.
11.7 If goods are returned to us because of a failed delivery caused by your error, refusal, absence, incomplete details or non-collection, we may charge reasonable re-delivery, re-handling or storage costs.
11.8 ECTA also regulates the supplier’s performance period and makes consumer rights under that Chapter non-excludable.
12. Inspection on delivery and reporting issues
12.1 You should inspect the goods as soon as reasonably possible after delivery or collection.
12.2 Any visible delivery damage, shortage, incorrect item or packaging tampering should be reported to us as soon as possible, and preferably within 48 hours after delivery or collection, to help us investigate with the courier or relevant supplier.
12.3 The reporting period in clause 12.2 does not limit any rights you may have under the CPA in respect of defective, unsafe or failed goods.
13. Cancellations, returns, exchanges and refunds
13.1 All cancellations, returns, exchanges and refunds are subject to these Terms, our Returns & Refunds Policy, and applicable law.
13.2 Eligible online purchases: where section 44 of ECTA applies, a consumer may cancel an electronic transaction for goods within 7 days after receipt, without reason and without penalty, provided the goods are returned in the required condition. In that case, the only charge that may be levied is the direct cost of returning the goods, and the refund must be made within the period prescribed by law.
13.3 Defective goods: if goods fail to satisfy the CPA’s standards of quality, safety, durability or fitness, the consumer may, within 6 months after delivery, return the goods at the supplier’s risk and expense and choose a repair, replacement or refund, subject to the CPA. A store policy cannot override these statutory rights.
13.4 Voluntary returns and exchanges for non-defective goods: except where the law requires otherwise, any return or exchange for change of mind, buyer’s remorse, incorrect selection, or fit issues is a discretionary courtesy governed strictly by our Returns & Refunds Policy.
13.5 Unless we decide otherwise in writing, sale, promotional, clearance, end-of-range, special-order, custom-made, team-branded, personalised, opened hygiene-sensitive items, and gift cards/vouchers are not eligible for voluntary return or exchange because of change of mind, incorrect selection or fit, subject always to non-excludable statutory rights.
13.6 Any approved voluntary return or exchange may be refused if the goods are not in original resaleable condition, including where:
- the item has been worn, used, washed, damaged, personalised or altered;
- tags, labels, seals, packaging or accessories are missing;
- the goods show signs of dirt, odour, wear, field use, court use or fitting beyond normal inspection;
- the product was specially sourced or ordered for you.
13.7 We may charge or deduct reasonable direct costs associated with an approved voluntary return or exchange, including courier, re-handling, banking or payment processing costs, to the extent permitted by law.
13.8 For non-defective goods purchased in store, no refund or exchange is available unless:
- required by law; or
- expressly offered by us in our Returns & Refunds Policy or in writing.
13.9 Transactions arising from direct marketing may attract additional cooling-off rights under the CPA, separate from ECTA, where applicable.
14. Incorrect size, model, fit or suitability chosen by customer
14.1 It is your responsibility to choose the correct size, specification, fit, model, colour and variant before completing the order.
14.2 Size charts, fit notes and staff guidance are general aids only.
14.3 Where the wrong size, model or variant is ordered by the customer, any exchange or return is subject to:
- stock availability;
- the goods being unused and in original resaleable condition;
- our Returns & Refunds Policy;
- the customer bearing the direct return and re-delivery costs, unless the law provides otherwise.
14.4 We are not responsible for incorrect orders caused by failure to review your cart, size selection, variant selection, quantity or delivery details before completing checkout.
15. Special orders, teamwear, personalised and branded goods
15.1 Goods that are specially sourced, team-branded, embroidered, printed, customised, assembled to order, cut to specification, personalised or made to your requirements may not be cancelled, returned, refunded or exchanged once procurement, printing, branding, processing or production has commenced, except where required by law.
15.2 You are responsible for approving names, numbers, spelling, colours, sizes, logos, artwork placements and branding instructions before production begins.
15.3 Desnic Sports is not liable for customer-approved artwork or spelling errors once approved by you.
15.4 Minor variations in colour shade, print placement, stitching, batch, trim or supplier finish that do not materially affect use are not defects.
16. Reviews, comments and user-generated content
16.1 Where the Website allows ratings, reviews, comments, images or other content, you agree not to post anything unlawful, defamatory, infringing, misleading, abusive, offensive, discriminatory, harmful, fraudulent, spam-like or technically harmful.
16.2 You warrant that you have the right to post the content.
16.3 By posting content, you grant Desnic Sports a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, adapt and display that content for Website, marketing, moderation and operational purposes.
16.4 We may remove or moderate content at our discretion.
17. Intellectual property
17.1 All Website content, including text, graphics, layout, product compilations, logos, icons, software, photographs, videos, designs, databases and trademarks, is owned by or licensed to Desnic Sports and is protected by South African and international intellectual property laws.
17.2 You may use the Website and its content only for personal, non-commercial shopping and information purposes.
17.3 You may not, without our prior written consent:
- reproduce, copy, scrape, republish, upload, transmit, sell or exploit Website content;
- use our trademarks, branding or product photography;
- frame or mirror any part of the Website;
- use data mining, bots, spiders or similar tools.
17.4 Third-party brand names, logos and product marks remain the property of their respective owners.
18. Prohibited conduct
18.1 You may not use the Website:
- unlawfully or fraudulently;
- to interfere with security or performance;
- to upload malware or malicious code;
- to harvest data or personal information;
- to impersonate another person;
- to infringe rights of others;
- to place false, speculative or abusive orders;
- to resell or exploit promotional offers contrary to their purpose.
18.2 We may suspend, block or report any user engaging in prohibited conduct.
19. Third-party services, platforms and links
19.1 The Website may integrate with or link to third-party services, including payment gateways, courier platforms, analytics services, Google services, Meta services, email tools and social media platforms.
19.2 We do not control third-party platforms and are not responsible for their separate terms, privacy practices, outages or system failures.
19.3 Your use of such third-party platforms may be subject to their own terms and policies.
20. Privacy, cookies and marketing
20.1 We process personal information in accordance with our Privacy & Cookies Policy and applicable law.
20.2 The Website may use cookies, pixels, tags, analytics tools and similar technologies.
20.3 By providing contact details and using the Website, you consent to service-related communications necessary to process orders, provide account notices, delivery updates, support communications, legal notices and security alerts.
20.4 Marketing communications will be sent in accordance with POPIA and applicable direct-marketing rules. You may opt out of promotional communications at any time using the unsubscribe link or by contacting us. The Information Regulator’s current guidance distinguishes between unsolicited electronic direct marketing under section 69 of POPIA and other direct marketing under section 11(3)(b).
21. Disclaimer and limitation of liability
21.1 The Website and its content are provided on an “as is” and “as available” basis.
21.2 To the fullest extent permitted by law, we do not warrant that:
- the Website will always be available, uninterrupted, error-free or secure;
- any content is always complete, current or free from inaccuracies;
- any file or download will be free of harmful code.
21.3 To the fullest extent permitted by law, and subject always to any rights you may have under the CPA, ECTA or other non-excludable law, Desnic Sports will not be liable for any indirect, incidental, special, punitive or consequential loss, including loss of profit, income, business, opportunity, goodwill or data, arising out of or in connection with:
- use of or inability to use the Website;
- delays or failures in delivery caused by third parties or events beyond our control;
- product misuse, improper fit, improper installation or improper maintenance;
- any act or omission by a third-party platform, courier, payment processor or manufacturer.
21.4 Our total aggregate liability for any claim arising from a specific order will, to the extent permitted by law, not exceed the amount paid by you for the goods giving rise to the claim.
21.5 Nothing in these Terms excludes liability where it would be unlawful to do so, including for fraud, wilful misconduct, or any statutory liability that cannot lawfully be excluded.
22. Indemnity
22.1 You indemnify and hold harmless Desnic Sports, its directors, shareholders, staff, agents and service providers against claims, losses, damages, liabilities, costs and expenses arising from:
- your breach of these Terms;
- your misuse of the Website;
- your unlawful conduct;
- your infringement of any third-party rights;
- content submitted by you;
- your negligent or improper use of goods.
22.2 This indemnity applies to the fullest extent permitted by law and does not apply to the extent that a claim results from our own unlawful conduct where indemnification is not permitted.
23. Force majeure
23.1 We are not liable for delay or failure to perform any obligation where caused directly or indirectly by events beyond our reasonable control, including:
- acts of God;
- flood, fire, storm, epidemic or pandemic;
- strikes, labour disputes or civil unrest;
- war, terrorism or sabotage;
- power failures, internet failures, platform outages or cyber incidents;
- courier disruptions or fuel shortages;
- import delays, customs holds or supplier failures;
- governmental action or legal restrictions.
23.2 During a force majeure event, our obligations are suspended to the extent affected for the duration of the event.
24. Suspension or termination
24.1 We may suspend or terminate access to the Website or your account immediately where reasonably necessary to protect the Website, our systems, customers, suppliers or legal interests.
24.2 Termination does not affect any rights or obligations that accrued before termination.
25. Complaints and dispute resolution
25.1 We aim to resolve complaints promptly and fairly.
25.2 Complaints should first be sent to:
Email: sales@desnicsports.co.za
Telephone: +27 53 831 1263
25.3 If a complaint is not resolved internally, nothing in these Terms prevents a consumer from approaching any competent ombud, regulator, tribunal or court, including the Consumer Goods and Services Ombud (CGSO) where it has jurisdiction. The CGSO operates as the compulsory ombud scheme for the consumer goods and services industry, and consumer goods suppliers are expected to comply with that framework.
26. Governing law and jurisdiction
26.1 These Terms are governed by the laws of the Republic of South Africa.
26.2 Subject to applicable law, you consent to the jurisdiction of the Magistrates’ Court having jurisdiction in respect of any dispute arising from these Terms or your use of the Website, provided that Desnic Sports may institute proceedings in any other court of competent jurisdiction where permitted.
27. General
27.1 Amendments: We may amend these Terms from time to time. The updated version will be published on the Website with a revised effective date. Your continued use of the Website after publication of amended Terms constitutes acceptance of the amended Terms.
27.2 Severability: If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed and the remaining provisions will remain in force.
27.3 No waiver: Any failure or delay by us to exercise a right does not amount to a waiver.
27.4 Entire agreement: These Terms, together with the policies referenced in them, constitute the entire agreement between you and us regarding use of the Website and online purchases, to the extent applicable.
27.5 Assignment: We may cede, assign, delegate or transfer our rights and obligations under these Terms. You may not do so without our prior written consent.
27.6 Language: Where these Terms are made available in more than one language and there is a conflict, the English version will prevail unless the law requires otherwise.
28. Contact details
Northern Cape Sports (Pty) Ltd t/a Desnic Sports
Urban Corner, Shop 8B, C/O Waterworks and Jacobus Smith Street, Kimberley
Email: sales@desnicsports.co.za
Telephone: +27 53 831 1263
Website: https://desnicsports.co.za
Information Officer: Jannie Scholtz
Email: jannie@desnicsports.co.za
Telephone: +27 53 831 1263
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