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TERMS AND CONDITIONS
1.1 For purposes of these General Terms and Conditions and elsewhere on the website, the services are owned and operated by Sabafuraha Proprietary Limited (“Sabafuraha”), a company registered in the Republic of South Africa (Reg. No. 2018/095618/07), which has its head office is located in Vereeniging, Gauteng, 1939, South Africa. Email address: firstname.lastname@example.org
2.1 These General Terms and Conditions will apply to any and all agreements and legal relations pursuant to which Sabafuraha acts as supplier of items.
3. Product specifications; pricing; typographical errors
3.1 Sabafuraha will not be required to execute an order or compensate a buyer for any loss if Sabafuraha made an error when presenting the item, formulating its characteristics or stating its price, and
i) it should have been clear to the buyer that such involved a printing error; or
ii) if the buyer should not, under the circumstances, have reasonably relied on Sabafuraha delivering quoted item, with stated characteristics, at this price.
4.1 Products sold by Sabafuraha are billed in South African Rands.
5.1 Items are currently delivered to buyers in the Republic of South Africa. Purchase agreements are concluded with natural persons not acting in the course of a profession or business only. Therefore any VAT charged will not at any time be refunded.
6. Costs of Delivering the Items
6.1 All prices of the items posted on the website are exclusive of delivery costs.
6.2 Delivery costs will be stated separately when settling the order and may vary daily and for each order.
7. Delivery and Delivery Period
7.1 Sabafuraha shall endeavour to supply the items ordered, provided that Sabafuraha has such items in stock, to the delivery address within 7 – 21 working days of the order confirmation and the required receipt of payment. Prior to delivering an order, the buyer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When registering, buyers must state a telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.
7.2 The delivery periods referred to above are of an indicative nature only. Should any order not be delivered within 30 days, the buyer will be entitled to cancel the order at no charge.
7.3 Sabafuraha shall arrange delivery by post or dispatch orders in any other way, at Sabafuraha’s sole discretion. Note that a signature will be required for receipt of all residential deliveries.
7.4 Sabafuraha may dispatch the delivery in parts, however, any extra costs for such additional deliveries will be borne by Sabafuraha.
8. Stock Availability
8.1 Stock on offer is limited. Sabafuraha shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Sabafuraha shall only be liable to refund monies where it is unable to fulfill orders at advertised prices.
9.1 Payment is accepted via Credit and Cheque cards (Visa or Mastercard), Instant EFT (FNB, ABSA, Standard Bank, Nedbank), Capitec, Investec), Mobicred, Masterpass, Zapper, Debit card (Visa or Maestro) and SCode. Online credit card transactions will be acquired for Sabafuraha via Payfast (Pty) Ltd (“Payfast”). Payfast uses Extended Validation SSL with 2048-bit encryption, the highest level encryption available. Users may go to their websites (www.payfast.co.za) to view their security certificates and security policies. Customer details will be stored by Sabafuraha separately from card details which are entered by the client on Payfast’s secure sites. Sabafuraha takes all reasonable steps to scrutinise all transactions to prevent attempted fraud and a transaction may be refused if Sabafuraha is not satisfied with its legitimacy.
10. Agreements of Sale
10.1 Placing an item in a shopping basket, or adding it to a wishlist without completing the purchase cycle, does not constitute an agreement of sale between Sabafuraha and the purchaser. Users cannot hold Sabafuraha liable if such items are not available when the purchase cycle is completed; and Sabafuraha may remove such an item from the shopping basket if no stock is available. An agreement of sale between Sabafuraha and a user only comes into effect if and when a credit card authorisation is received from the issuing bank. Sabafuraha reserves the right to refuse to accept and/or execute an order without giving any reasons. Sabafuraha also reserves the right to in its sole discretion cancel orders in whole or in part as circumstances dictate, in which event Sabafuraha shall only be liable to refund monies already paid by the user.
11. Returns / Refunds Policy
11.1 Sabafuraha shall return products or refund customers in accordance with Sections 55 and 56 of the Consumer Protection Act 68 of 2008 and its Returns/Refunds Policy set out below.
11.2 Products may not be returned unless the incorrect product has been supplied. In such an instance Sabafuraha will exchange the product on condition that
(i) the product is returned in its original condition – including packaging, documentation, warranty cards, manuals and accessories and
(ii) the customer returns the product within seven days of receipt and confirms same by sending a written notice to email@example.com (within above mentioned seven day period).
(iii) All returns must be shipped freight (and insurance) prepaid. The onus is on the customer to ensure that the goods returned are received by Sabafuraha within 10 days of written notice.
On receipt and acceptance of returned product Sabafuraha will make all reasonable effort to exchange said product, but if replacement is not possible Sabafuraha will refund the purchase price, including original delivery cost. Such amount will be refunded within 30 days from contact about no replacement, beginning on the day written notice was given.
11.3 Products damaged on delivery – Should a product be damaged in any way or missing any parts or accessories at the time of delivery, please notify us within three days by logging a return with firstname.lastname@example.org. Breakages not reported within three days will not be refunded.
Once we have inspected the product and validated your return, we will repair/replace the product as quickly as possible (if such a repair is possible/if we have the same product in stock with which to effect a replacement).
If we are unable to repair or replace the product, we will credit your account with the purchase price of the product (note: a cash refund can be requested in lieu of store credit if preferred).
What constitutes a defect? Any material imperfection in the manufacture of a product or any characteristic of a product which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
The following will NOT be regarded as defects and will not entitle you to a return under this Section 11.3:
- faults resulting from normal wear and tear
- damage arising from negligence, user abuse or incorrect usage of the product
- damage arising from electrical surges or sea air corrosion
- damage arising from a failure to adequately care for the product
- damage arising from unauthorised alterations to the product
- where the specifications of a product, although accurately described on the website and generally fit for its intended purpose, do not suit you
- in relation to Unboxed Deals, signs of handling and/or repackaging.
11.4 No refunds / exchanges for sale items.
11.5 No refunds / exchanges for pre-order or back-order items.
11.6 No refunds / exchanges for embroidered or personalised or customised items.
11.7 All courier costs for refunds / exchanges initiated by the customers are the full responsibility of the customer.
12. Standard Warranty Policy
12.1 The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
12.2 The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
12.3 The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
12.4 The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
13. Special Promotions
13.1 Every effort is made to feature all products shown on any sales promotional material. However, should a specific product become unavailable for any reason, Sabafuraha reserves the right to use that product image for all promotional elements without the guarantee of selling that product on the day.
14. Applicable Law
14.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
15. Personal Data
15.1 Sabafuraha shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.
15.2 Sabafuraha will store the data provided by buyers in a data file. Such data will be used to execute buyers’ orders and will be kept as long as necessary to handle any complaints about the execution of an order. No data will be passed on to third parties if such should jeopardise the buyer’s privacy.
16. Changes To Agreement
16.1 Sabafuraha may, at its sole discretion, change, modify, add to or remove from portions or the whole of this agreement at any time without notice. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
17. Intellectual Property Rights
17.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Sabafuraha and as such are protected from infringement by local and international legislation and treaties. I understand that all the designs and trademarks are registered to Sabafuraha and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Sabafuraha for any civil action or any legal action deemed necessary against me.
18.1 Sabafuraha chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature Vereeniging, Gauteng.