Terms of Service

Who you are dealing with

Section 43(1) of the Electronic Communications and Transactions Act requires us to give you the following information before you transact.

Our physical address is also the address at which legal documents may be served.

Accepting these terms

By using this website or placing an order you agree to these terms and to our Privacy Policy. If you do not agree to them, please do not use the site.

You must be at least 18 years old, or have the consent of a parent or guardian, to place an order.

What we sell

SPHERA is a physical strategic board game. The first release is a limited run of 500 individually numbered editions. Each numbered edition is unique and, once claimed, is no longer available to anyone else.

We describe and photograph the game as accurately as we can. Colours shown on your screen may differ from the physical product depending on your display, and components of a hand-finished edition vary slightly from one copy to the next. Those variations are a property of the product and are not defects.

How an order becomes a contract

Listing the game on this site is an invitation to do business, not an offer. Your order is an offer to buy. A contract of sale comes into existence only when we send you an order confirmation email.

If we cannot accept your order — because the edition you chose was claimed first, because we cannot deliver to your address, or because the listing carried an obvious error of price or description — we will tell you and refund anything you have paid in full. Section 23(9) of the Consumer Protection Act allows a supplier to correct an inadvertent and obvious mistake in a displayed price.

Section 20 of the ECT Act lets you correct mistakes in your order before you submit it: the cart and checkout show you what you are buying and let you change it at every step until you pay.

Prices and payment

All prices are shown in South African Rand and include VAT where we are registered for it. Delivery costs are shown separately at checkout before you pay. We sell to South Africa only.

Payment is taken at checkout by Shopify and its payment providers. We do not receive or store your card number. Your order is only dispatched once payment has cleared.

Prices can change at any time, but a change never affects an order we have already confirmed.

Delivery

Delivery timeframes, costs and areas are set out in our Shipping Policy, which forms part of these terms.

Under section 19(6) of the Consumer Protection Act the goods remain at our risk until you accept delivery. If your order is lost or damaged on the way to you, that is our responsibility and we will replace or refund it.

Cancelling, returning and refunds

Because you are buying electronically, section 44 of the ECT Act gives you 7 days from receiving the goods to cancel without giving a reason and without penalty. Separately, section 56 of the Consumer Protection Act gives you 6 months to return goods that are defective.

Both rights, and how to use them, are set out in full in our Refund Policy, which forms part of these terms.

Your account

You are responsible for keeping your account password confidential and for activity that takes place under your account. Tell us immediately if you believe someone else has gained access to it.

We may suspend or close an account that is being used fraudulently or in breach of these terms. You may close your account at any time by writing to us.

Discount codes

Discount codes issued through our Discord community are personal to the customer they are issued to, may be used once, cannot be exchanged for cash, and may exclude particular products. We may withdraw a code that has been shared publicly or used in a way it was not intended for.

Using this website

You agree not to:

• Use the site for any unlawful purpose, or in breach of these terms.
• Attempt to gain unauthorised access to the site, its servers or any connected system.
• Introduce malicious code, or interfere with the site or the experience of other users.
• Scrape, harvest or systematically extract content or personal information from the site.
• Use automated means to buy, or to attempt to buy, more than a fair share of a limited edition.

Unauthorised access to, or interference with, a computer system is an offence under Chapter 13 of the ECT Act and the Cybercrimes Act 19 of 2020.

Intellectual property

The SPHERA name, the Welkinstone mark, the game's rules, artwork, characters, world and written lore, and the design, text and images of this website, belong to PLACEHOLDER: full registered company name, e.g. Sphera Mythos (Pty) Ltd or are used under licence. They are protected by copyright and trade mark law.

Buying a copy of the game gives you ownership of that physical copy. It does not transfer any rights in the underlying work. You may not reproduce, distribute, adapt or commercially exploit our content without written permission.

Availability of the site

We try to keep the site available, but we do not guarantee that it will be uninterrupted or free of errors. We may suspend, withdraw or change any part of it without notice.

Our liability

We are liable for loss you suffer as a direct result of our breach of these terms, up to the amount you paid for the order the claim relates to.

We are not liable for indirect or consequential loss, loss of profit, or loss arising from your use of the site where that loss was not reasonably foreseeable.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for harm caused by unsafe or defective goods under section 61 of the Consumer Protection Act, or for anything else that cannot lawfully be excluded.

Your rights under the Consumer Protection Act

These terms are to be read together with the Consumer Protection Act. Where a term conflicts with a right the Act gives you, the Act prevails and the term does not apply to that extent.

In particular, section 48 of the Act prohibits unfair, unreasonable or unjust contract terms, and section 55 gives you the right to goods that are of good quality, in good working order, free of defects and reasonably suitable for their ordinary purpose.

Complaints and disputes

Please raise any complaint with us first at hello@spheramythos.com. We will acknowledge it within two business days and try to resolve it within fifteen business days.

If we cannot resolve it, you may refer the matter to the National Consumer Commission, or to a recognised consumer goods ombud, before approaching a court. Section 69 of the Consumer Protection Act allows you to approach a court only after exhausting the other remedies available to you.

Changes to these terms

We may amend these terms. The version that applies to your purchase is the version published when you placed the order, and we keep the date of the last change at the top of this page.

General

These terms are governed by the law of the Republic of South Africa, and you and we consent to the jurisdiction of the courts of the Republic of South Africa.

If a court finds any part of these terms unenforceable, the rest continues to apply. Our failure to enforce a term at any time does not waive our right to enforce it later.

You agree that we may communicate with you electronically, and that emails and other electronic records satisfy any legal requirement that a communication be in writing, as Chapter 3 of the ECT Act provides.