WEBSITE TERMS AND CONDITIONS
Effective date: [DD Month YYYY]
Last updated: [DD Month YYYY]
Version: 1.0
IMPORTANT NOTICE
These Terms and Conditions contain provisions that limit risk and liability, impose obligations on users, and may affect your rights. Please read them carefully, particularly the sections dealing with cancellations, returns, warranties, disclaimers, limitation of liability and indemnities.
Nothing in these Terms is intended to exclude, restrict or waive any right or remedy that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 or any other applicable South African law.
1.INTRODUCTION
1.1 These Terms and Conditions (“Terms”) govern access to and use of [WEBSITE URL] (“Website”), including any purchases, enquiries, account registrations and other transactions made through the Website.
1.2 The Website is owned and operated by [FULL LEGAL NAME], registration number [REGISTRATION NUMBER], trading as [TRADING NAME, IF APPLICABLE] (“we”, “us” or “our”).
1.3 By accessing or using the Website, creating an account, submitting an enquiry or placing an order, you agree to be bound by these Terms together with any policies referred to in them.
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 must be read together with our Privacy Policy, Cookies Policy, Shipping and Delivery Policy, and Returns, Refunds and Cancellations Policy, where applicable.
2.OUR DETAILS
Full legal name: [FULL LEGAL NAME]
Trading name: [TRADING NAME]
Registration number: [REGISTRATION NUMBER]
VAT number: [VAT NUMBER OR “NOT VAT REGISTERED”]
Registered or principal business address: [PHYSICAL ADDRESS]
Postal address: [POSTAL ADDRESS, IF DIFFERENT]
Email address: [EMAIL ADDRESS]
Telephone number: [TELEPHONE NUMBER]
Website: [WEBSITE URL]
Information Officer: [NAME OR ROLE]
Information Officer email: [EMAIL ADDRESS]
Applicable industry body or code of conduct: [DETAILS OR “NOT APPLICABLE”]
3.DEFINITIONS
In these Terms:
3.1 “Business Day” means any day other than a Saturday, Sunday or official public holiday in South Africa.
3.2 “Consumer” has the meaning given to it in the Consumer Protection Act, where that Act applies.
3.3 “Goods” means physical products offered for sale through the Website.
3.4 “Order” means an offer submitted by you to purchase Goods or Services through the Website.
3.5 “Personal Information” has the meaning given to it in the Protection of Personal Information Act 4 of 2013 (“POPIA”).
3.6 “Services” means any services, subscriptions, memberships, digital products or other offerings made available through the Website.
3.7 “User”, “you” or “your” means any person who accesses or uses the Website.
4.LEGAL CAPACITY
4.1 You must have the legal capacity to enter into a binding agreement.
4.2 If you are under 18 years old or otherwise lack full contractual capacity, you may only place an Order with the assistance and consent of a parent, guardian or other person legally authorised to assist you.
4.3 If you use the Website on behalf of a company or other legal entity, you confirm that you are authorised to bind that entity.
5.WEBSITE USE
5.1 You may use the Website only for lawful purposes and in accordance with these Terms.
5.2 You may not:
5.2.1 use the Website in a way that violates any law or the rights of another person;
5.2.2 gain or attempt to gain unauthorised access to the Website, an account, server, database or network;
5.2.3 introduce malware, malicious code or other harmful material;
5.2.4 interfere with the security, availability or proper operation of the Website;
5.2.5 use automated systems to scrape, copy or extract Website content without our prior written permission, except for lawful search-engine indexing;
5.2.6 submit false, misleading or fraudulent information;
5.2.7 impersonate another person or misrepresent your authority or affiliation; or
5.2.8 use the Website to infringe intellectual-property, privacy or other rights.
5.3 We may take reasonable steps to prevent or investigate suspected misuse of the Website.
6.USER ACCOUNTS
6.1 If the Website allows account registration, you must provide accurate, complete and current information.
6.2 You are responsible for keeping your login details confidential and for taking reasonable steps to prevent unauthorised access to your account.
6.3 You must notify us promptly if you suspect that your account or password has been compromised.
6.4 We may suspend or restrict an account where we reasonably suspect fraud, misuse, a security risk or a material breach of these Terms.
6.5 You may request closure of your account by contacting us. Account closure does not require us to delete information that we must lawfully retain for tax, accounting, dispute, fraud-prevention or other legitimate purposes.
7.PRODUCTS, SERVICES AND AVAILABILITY
7.1 We take reasonable care to describe Goods and Services accurately. Images are illustrative and colours, dimensions or appearance may vary slightly depending on screens, production processes or the nature of the product.
7.2 Availability information is not guaranteed until we accept your Order.
7.3 We may correct an obvious error in a description, image, price, promotion or availability notice. If an error affects an Order you have submitted, we will contact you and give you the option to confirm the corrected Order or receive a refund of any amount already paid.
7.4 We may discontinue or change Goods or Services, provided that this does not unlawfully affect an Order already accepted.
8.PRICES, VAT AND CHARGES
8.1 Prices are displayed in South African rand unless stated otherwise.
8.2 Prices [INCLUDE / EXCLUDE] VAT. If VAT applies, the amount payable will be displayed before checkout.
8.3 Delivery, collection, transaction or other charges will be shown separately before you place the Order.
8.4 Prices may change without notice, but a price change will not affect an Order already accepted by us.
8.5 Promotional prices, coupons and discount codes are subject to their stated validity periods, eligibility rules, usage limits and exclusions.
9.PLACING AND ACCEPTING ORDERS
9.1 Displaying Goods or Services on the Website is an invitation to submit an Order and does not by itself constitute acceptance.
9.2 Before submitting an Order, you will have an opportunity to review and correct the information entered, including items, quantities, delivery details and payment information.
9.3 Your Order is submitted when you select the final order or payment button at checkout.
9.4 An automated acknowledgement confirms that we received your Order. It does not necessarily mean that we have accepted it.
9.5 An agreement is concluded when we send you an express Order acceptance, dispatch confirmation or other confirmation that clearly indicates acceptance.
9.6 We may refuse or cancel an Order on reasonable grounds, including suspected fraud, payment failure, stock unavailability, an obvious pricing or description error, delivery restrictions or a breach of these Terms.
9.7 If we cancel an Order after payment, we will refund the amount paid for the cancelled portion using the original payment method where reasonably possible.
9.8 You must ensure that your billing, delivery and contact details are accurate. We are not responsible for delays or losses caused by incorrect information supplied by you, except to the extent that we contributed to the problem.
10.PAYMENT
10.1 Payment must be made using one of the methods offered at checkout.
10.2 Payments may be processed by an independent payment service provider. Your use of that provider may also be subject to its terms and privacy notice.
10.3 We do not ordinarily receive or store your complete card details where payment is processed directly by the payment provider.
10.4 An Order may be held until payment has been authorised and received.
10.5 We may carry out reasonable fraud and verification checks before accepting or fulfilling an Order.
10.6 Refunds will normally be made to the original payment method. Processing times may depend on the payment provider or financial institution and are outside our direct control.
11.DELIVERY AND COLLECTION
11.1 Delivery areas, available methods, estimated timeframes and charges are described on the Website or in our Shipping and Delivery Policy.
11.2 Delivery dates are estimates unless we expressly agree to a guaranteed date in writing.
11.3 You must provide a complete and accurate delivery address and ensure that an authorised person is available to receive the delivery.
11.4 If delivery fails because no authorised person is available or the address is incorrect, you may be responsible for reasonable redelivery or storage charges, where permitted by law.
11.5 You should inspect the parcel as soon as reasonably possible and notify us promptly of visible damage, missing items or incorrect Goods.
11.6 Risk in Goods passes as provided by applicable law. Nothing in these Terms transfers risk earlier than permitted under the Consumer Protection Act.
11.7 Where collection is offered, collection requirements, identification and timeframes will be stated on the Website or communicated to you.
11.8 For international deliveries, you are responsible for customs duties, import taxes and local charges unless we expressly state otherwise.
12.CANCELLATIONS, RETURNS AND REFUNDS
12.1 Your cancellation, return and refund rights are set out in our Returns, Refunds and Cancellations Policy and applicable law.
12.2 Nothing in these Terms limits any right you may have under the Consumer Protection Act or the Electronic Communications and Transactions Act.
12.3 Depending on the nature of the transaction, you may have a statutory cooling-off right. Statutory cooling-off rights are subject to the requirements, time periods and exclusions in applicable law.
12.4 Change-of-mind returns may be subject to reasonable conditions stated in our Returns, Refunds and Cancellations Policy, including return timeframes, condition requirements and responsibility for return delivery costs.
12.5 Certain Goods or Services may be excluded from change-of-mind cancellation where permitted by law, including personalised or specially made Goods, certain perishable or hygienic Goods, unsealed digital or media products, and Services that have begun with the required consent.
12.6 An exclusion from change-of-mind returns does not remove rights relating to defective, unsafe, misdescribed or incorrectly supplied Goods or Services.
13.DEFECTIVE, DAMAGED OR INCORRECT GOODS
13.1 Goods supplied to Consumers are subject to the statutory rights and implied warranty of quality under the Consumer Protection Act where applicable.
13.2 If Goods are defective, unsafe, not reasonably suitable for their intended purpose, not of good quality, or do not match their description, contact us as soon as reasonably possible using the details in section 2.
13.3 We may ask for reasonable information, photographs or an opportunity to inspect the Goods before determining the appropriate remedy.
13.4 Depending on the circumstances and applicable law, the remedy may include repair, replacement or refund.
13.5 We are not responsible for damage caused by misuse, unauthorised alteration, failure to follow reasonable care instructions, ordinary wear and tear, or an external cause unrelated to a defect present when the Goods were supplied.
14.SERVICES, SUBSCRIPTIONS AND RECURRING PAYMENTS
[DELETE THIS SECTION IF THE WEBSITE DOES NOT OFFER SUBSCRIPTIONS OR RECURRING SERVICES.]
14.1 The scope, price, billing frequency, minimum period and cancellation terms of a subscription or recurring Service will be disclosed before purchase.
14.2 By selecting a recurring payment option, you authorise the applicable payment provider to collect the disclosed recurring amount until the subscription is cancelled or ends.
14.3 We will provide reasonable notice of any material price or service change affecting an ongoing subscription, subject to applicable law.
14.4 You may cancel a subscription using the method stated at checkout, in your account or by contacting us.
14.5 Cancellation will take effect in accordance with the applicable subscription terms and statutory rights. Amounts already due remain payable.
14.6 Fixed-term agreements with Consumers are subject to applicable provisions of the Consumer Protection Act, including any lawful cancellation notice and reasonable cancellation charge.
15.PROMOTIONS, COUPONS AND VOUCHERS
15.1 Promotions, coupons and vouchers may have separate terms, validity periods, minimum-spend requirements, product exclusions and usage limits.
15.2 Unless stated otherwise, promotions may not be combined, exchanged for cash or applied retrospectively.
15.3 We may refuse or reverse the improper, fraudulent or unauthorised use of a promotion, coupon or voucher.
15.4 Any expiry date or restriction will be displayed before purchase or use, subject to applicable law.
16.INTELLECTUAL PROPERTY
16.1 The Website and its content, including text, graphics, photographs, videos, software, branding, logos and design elements, are owned by or licensed to us and are protected by applicable intellectual-property laws.
16.2 You may view and use the Website for personal or legitimate internal business purposes.
16.3 You may not reproduce, republish, distribute, sell, modify, create derivative works from or commercially exploit Website content without our prior written permission, except where permitted by law.
16.4 Third-party names, logos and content remain the property of their respective owners.
17.USER-GENERATED CONTENT
[DELETE THIS SECTION IF USERS CANNOT POST REVIEWS, COMMENTS OR OTHER CONTENT.]
17.1 You remain responsible for content you submit to the Website.
17.2 You may not submit content that is unlawful, defamatory, abusive, deceptive, discriminatory, infringing, obscene, malicious or that contains another person’s Personal Information without lawful authority.
17.3 You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce and display submitted content only to the extent reasonably necessary to operate, promote and improve the Website and our business.
17.4 We may moderate, refuse or remove content on reasonable grounds, including a breach of these Terms or applicable law.
17.5 We do not guarantee that user-generated content is accurate or represents our views.
18.THIRD-PARTY WEBSITES AND SERVICES
18.1 The Website may link to or use third-party websites, platforms, plugins, payment services, delivery providers or embedded content.
18.2 We do not control third-party services and are not responsible for their independent content, availability, terms or privacy practices.
18.3 A link or integration does not imply endorsement unless we expressly say so.
18.4 You should review the applicable third party’s terms and privacy notice before using its service.
19.PRIVACY AND PERSONAL INFORMATION
19.1 We process Personal Information in accordance with POPIA, other applicable law and our Privacy Policy.
19.2 Our Privacy Policy explains what Personal Information we collect, why we collect it, how we use and share it, how long we retain it, the safeguards we apply, and the rights available to data subjects.
19.3 We may share Personal Information with operators and service providers that assist with hosting, payments, deliveries, communications, analytics, security, customer support and legal compliance, subject to appropriate safeguards.
19.4 Where Personal Information is transferred outside South Africa, we will take reasonable steps to ensure that the transfer is lawful and appropriately protected.
19.5 You may contact our Information Officer to request access to or correction of your Personal Information, object to certain processing, or exercise another right available under applicable law.
19.6 Acceptance of these Terms does not constitute consent to every form of Personal Information processing. Where consent is legally required, it will be requested separately.
20.COOKIES AND TRACKING TECHNOLOGIES
20.1 The Website may use cookies and similar technologies for essential functionality, preferences, analytics, security and advertising.
20.2 Further information, including the types of cookies used and how to manage preferences, is available in our Cookies Policy and cookie settings tool.
20.3 Where required, non-essential cookies will not be activated until the appropriate permission has been obtained.
21.DIRECT MARKETING
21.1 Marketing consent is optional and is not a condition of purchasing Goods or Services unless the communication is necessary to perform the transaction.
21.2 We will send electronic direct marketing only where permitted by POPIA and other applicable law.
21.3 You may withdraw consent or opt out using the unsubscribe method in the communication or by contacting us.
21.4 Opting out of marketing does not prevent us from sending transactional or service communications that are reasonably necessary to administer your account, enquiry or Order.
22.WEBSITE AVAILABILITY AND SECURITY
22.1 We take reasonable steps to keep the Website available, accurate and secure, but we do not guarantee uninterrupted or error-free operation.
22.2 We may suspend access for maintenance, updates, security or operational reasons.
22.3 Internet communications and electronic storage carry inherent risks. You are responsible for using appropriate device security, software updates and backups.
22.4 Nothing in this section reduces our obligation to implement reasonable technical and organisational safeguards for Personal Information.
23.DISCLAIMERS
23.1 The Website and general content are provided for general information and do not constitute professional advice unless expressly stated.
23.2 You should obtain appropriate professional advice before relying on information where a decision carries legal, financial, medical, technical or other material consequences.
23.3 While we take reasonable care, we do not warrant that all Website content will always be complete, current or free from minor errors.
23.4 Goods and Services remain subject to all warranties, guarantees and consumer rights that cannot lawfully be excluded.
24.LIMITATION OF LIABILITY
24.1 Nothing in these Terms excludes or limits liability that may not lawfully be excluded or limited, including liability arising from fraud, wilful misconduct, gross negligence or any non-excludable statutory consumer right.
24.2 Subject to section 24.1 and to the maximum extent permitted by law, we will not be liable for indirect, special or consequential loss that was not reasonably foreseeable when the agreement was concluded.
24.3 Subject to section 24.1, where liability may lawfully be limited, our aggregate liability arising from a specific Order or Service will not exceed the amount paid or payable by you for that Order or Service.
24.4 The limitations in this section do not apply where they would be unfair, unreasonable, unjust or otherwise prohibited by the Consumer Protection Act.
25.INDEMNITY
25.1 To the maximum extent permitted by law, you indemnify us against third-party claims, losses or costs arising directly from your unlawful use of the Website, your infringement of another person’s rights, or content you submit in breach of these Terms.
25.2 This indemnity does not apply to the extent that a claim was caused by our unlawful conduct, negligence or breach of duty.
26.FORCE MAJEURE
26.1 Neither party will be responsible for a delay or failure caused by an event beyond its reasonable control, including a major power or communications failure, natural disaster, civil unrest, strike, epidemic, government restriction, courier disruption or widespread cyber incident.
26.2 The affected party must take reasonable steps to reduce the effect of the event and resume performance as soon as reasonably possible.
26.3 This section does not remove any right to cancel, obtain a refund or pursue another remedy that cannot lawfully be excluded.
27.SUSPENSION AND TERMINATION
27.1 We may suspend or terminate access to the Website or an account on reasonable grounds, including a material breach of these Terms, fraud, abuse or a security risk.
27.2 Where reasonably possible, we will give notice and an opportunity to remedy the breach before termination, unless immediate action is reasonably necessary.
27.3 Termination does not affect rights or obligations that arose before termination.
27.4 Provisions that by their nature should survive termination, including intellectual property, privacy, payment obligations, liability and dispute provisions, will continue to apply.
28.COMPLAINTS AND DISPUTES
28.1 Please send complaints to [COMPLAINTS EMAIL ADDRESS] with your name, Order number where applicable, and a clear description of the issue.
28.2 We will acknowledge the complaint and aim to provide a substantive response within [NUMBER] Business Days.
28.3 The parties should first attempt to resolve a dispute in good faith through direct communication.
28.4 Nothing in these Terms prevents a Consumer from approaching the National Consumer Commission, a relevant consumer court, an applicable ombud or industry body, the Information Regulator, or any other forum available under South African law.
28.5 If a dispute cannot be resolved informally, either party may approach a court with jurisdiction, subject to any mandatory statutory process.
29.GOVERNING LAW AND JURISDICTION
29.1 These Terms and any transaction through the Website are governed by the laws of the Republic of South Africa.
29.2 Subject to applicable consumer rights and statutory forums, the courts of South Africa have jurisdiction.
30.CHANGES TO THESE TERMS
30.1 We may update these Terms from time to time to reflect legal, operational or service changes.
30.2 The current version and effective date will be displayed on the Website.
30.3 Changes apply prospectively and will not remove rights already accrued under an accepted Order.
30.4 Where a material change affects an ongoing subscription or Service, we will provide reasonable notice and any cancellation right required by law.
31.GENERAL
31.1 If any provision of these Terms is invalid or unenforceable, it will be severed or interpreted as narrowly as necessary, and the remaining provisions will continue in effect.
31.2 A failure or delay in enforcing a right is not a waiver of that right.
31.3 You may not transfer your rights or obligations under these Terms without our written consent, except where the law permits otherwise.
31.4 We may transfer our rights and obligations as part of a legitimate sale, restructuring or transfer of the business, provided that this does not reduce your statutory rights.
31.5 These Terms, together with the policies and specific terms referred to in them, form the agreement between you and us concerning the Website and the relevant transaction.
31.6 If there is a conflict between these Terms and specific written terms for a particular promotion, subscription, product or Service, the specific terms apply to that conflict, subject to applicable law.
32.CONTACT US
Questions about these Terms may be sent to:
[FULL LEGAL NAME]
[PHYSICAL ADDRESS]
Email: [EMAIL ADDRESS]
Telephone: [TELEPHONE NUMBER]
Website contact page: [CONTACT PAGE URL]