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Introduction

Your usage, access, and interaction with this website or online platform are governed by the following terms and conditions:. If you disagree with any of these terms, please refrain from using the website or platform. Your continued use implies acceptance of all the terms outlined below.

Definitions and Interpretation

Throughout this agreement between Smartafro.co.za and the Consumer or Retailer, the following definitions apply:

  • Agreement: Refers to this agreement subject to the terms and conditions stated herein.
  • Business Day: Any day except Saturday or Sunday when clearing banks operate in South Africa.
  • Consumer: Defined in accordance with the Consumer Protection Act 68 of 2008.
  • The Consumer Protection Act: Refers to the Consumer Protection Act 68 of 2008 (the “CPA”).
  • The Protection of Personal Information Act of 2013: Denotes the Protection of Personal Information Act of 2013 (the “POPI”).
  • Privacy Policy: The Privacy Policy accessible on smartafro.co.za’s Website or Online Platform, agreed upon by the Consumer or Retailer.
  • Shopping Cart: Represents the goods selected by the Consumer, Retailer, or User forming part of the User’s order. Smartafro.co.za reserves the right to alter, remove, or modify items in the shopping cart at any time. Items may have a limited availability of 60 mins due to demand and stock constraints. Availability of items in the user’s shopping cart is not guaranteed and operates on a “first come first serve” basis.
  • Checking Out/Check Out: Denotes the goods selected by the Consumer or Retailer, confirmed, and accepted by the User, finalizing the transaction.
  • Contract: The completion of an order marking the commencement of a legally binding agreement between Smartafro.co.za and the Consumer or Retailer.
  • Order: A purchase completed or submitted via smartafro.co.za’s Website or Online Platform.
  • You/Your: Refers to the Consumer, Retailer, or User of the Smartafro.co.za Website or Online Platform, encompassing both Consumers and Retailers.
  • User: Any natural person engaging with, transacting on, contracting with, or using the Smartafro.co.za Website or Online Platform, including Consumers and Retailers.
  • Website or Online Platform: Encompasses the Smartafro.co.za Website and Online Platform, including Official Social Media Accounts, Mobile Websites, and Mobile Applications.

Words indicating:

(a) Persons include bodies corporate and unincorporated associations of persons.

(b) The singular includes the plural and vice versa.

(c) One gender includes any gender.

Headings are for ease of reference and shall not impact the interpretation or construction of these terms and conditions.

Formation of a Legally Binding Contract

Smartafro.co.za presents goods or services on its Website and Online Platform for purchase via electronic or alternative transaction methods by Consumers or Retailers. Upon registration on Smartafro.co.za's Website or Online Platform, placing an order for goods constitutes a valid acceptance of the offer, resulting in a legally binding Sale Agreement. The sale concludes when the Consumer or Retailer completes and submits an electronic order through the Website or Online Platform and finalizes the “Check Out” of items in the User’s “Shopping Cart.” Upon completion of the online sale, payment via available transaction options becomes immediately due, including applicable taxes and delivery charges. By utilizing Smartafro.co.za services, the Consumer, Retailer, or User confirms they are over 18 and possess the necessary capacity to transact with Smartafro.co.za.

Accepted Payment Methods

Smartafro.co.za reserves the right to validate the User’s payment details before delivering the Goods. Once payment is made for an order, it remains valid as an offer until Smartafro.co.za issues a Confirmation of Order or revokes the Order. All goods remain solely owned by Smartafro.co.za until full payment is received from the User, at which point a valid sale is concluded, encompassing an offer by Smartafro.co.za and acceptance by the User. Smartafro.co.za is not liable for the use of customers' debit and credit cards. Payment options offered by Smartafro.co.za include:

Payment via Credit and Debit Cards

Smartafro.co.za accepts payment via Visa and MasterCard Credit Cards, Debit, or Cheque cards. Transactions are secure through our designated service provider, ensuring information security, accurate debits, and prevention of unauthorized disclosure, alteration, or misuse of your information. In case of concerns regarding card payments, please contact us immediately through our customer service channels provided below. The User warrants having sufficient funds for the transaction and is liable for additional service charges if the transaction is rejected.

Payment via Electronic Funds Transfer (E.F.T)

Smartafro.co.za may, at its discretion, accept payment via electronic funds transfer, requiring the User to transfer funds directly from their bank account into Smartafro.co.za’s account through electronic banking systems. If available, the User will be directed to Smartafro.co.za’s secure payment gateway and instructed to select their bank. Details for the EFT payment, including payment references and instructions, will be provided. All EFT payments require proof of payment to be sent to our designated EFT payments email address before order processing at [email protected]. Failure to provide proof of payment within a reasonable time may result in transaction cancellation. Smartafro.co.za reserves the right to levy additional banking or service fees for this payment method. Please note EFT or Cash Deposits may take 5-7 working days to reflect.

Bank/Cash Deposit (South Africa Only)

[The section detailing the process for bank/cash deposits remains largely unchanged for clarity.]

Bank Deposit Details

Account Name: Afro Zone Technology Zim

Bank Name: FNB

Account Type: Business Cheque Account

Account Number: 62895348863

Branch Name: #Branch Name

Branch Number: #BNumber

Swift Code: FIRNZ AJJ (International Payments)

Reference: your email address

Payment Terms

All payments must be cleared in our designated bank account before store credit is issued.

Terms for EFT or cash deposit payments:

  1. a) Store credit is issued only after payment amounts clear in Smartafro.co.za's banking account.
  2. b) Consumers may be liable for a R75.00 surcharge for cash payment fees.

All payments must be cleared before finalizing an order.

For EFT deposit payments:

  • The order is processed only after payment amounts clear in Smartafro.co.za's banking account.
  • Delivery to the consumer is within 7 working days from the date of payment receipt in Smartafro.co.za's bank account.

PAYFAST Payment Method

PayFast is an external payment portal available to all customers. Customers using Payfast understand and agree that they are fully responsible for the full payment at all times. Any payment shortfalls or additional charges are the customer's responsibility.

Smartafro.co.za is not liable for payment discrepancies or additional charges when customers use the Payfast platform and service. Smartafro.co.za is not responsible for improper use of customers' credit or debit cards. Customers are liable for all payments made using their payment methods.

Supply of Goods - South Africa

Smartafro.co.za aims to supply goods that are safe and fit for their intended purpose as per Section 55 of the Consumer Protection Act (CPA). However, Smartafro.co.za doesn't provide warranties or guarantees for goods sourced from external suppliers, manufacturers, or retailers. The availability of stock, colors, sizes, labels, or brands displayed on the Website and Online Platform is estimative. After order confirmation, it's the User's responsibility to ensure the accuracy of the order regarding sizes, colors, and types, adhering to the Returns Policy. While Smartafro.co.za strives to maintain stock availability, it cannot guarantee availability of listed items. Pricing accuracy is attempted, but Smartafro.co.za isn't liable for pricing errors due to system malfunction, human error, or other issues. Goods collection requires proof of order number or email address. Order information confidentiality is essential.

Quality of Goods

Smartafro.co.za aims to supply goods that are safe and suitable as per Section 55 of the Consumer Protection Act (CPA). However, there are no warranties or guarantees for goods sourced externally. Stock availability, colors, sizes, labels, brands, or quantities displayed are estimates. Users are responsible for order accuracy and adherence to the Returns Policy. While stock is managed reasonably, availability of items cannot be guaranteed. Pricing accuracy is attempted, but Smartafro.co.za isn't liable for pricing errors due to system malfunction, human error, or other issues. Contact [email protected] for ordering outside South Africa. Quoted costs exclude client-required clearance charges in their country.

Returns Policy

Smartafro.co.za acknowledges returns as per the Consumer Protection Act of 2008 (CPA), ensuring reasonability and compliance with its provisions. Returns are accepted within 7-14 working days of the order, as outlined below:

  • Returns are permitted within the first 15 days under these circumstances:
    • Incorrect supply of goods: If the received goods differ substantially from the order, Smartafro.co.za arranges pickup of incorrect goods and delivers the correct ones at no additional cost.
    • Materially defective goods: If goods are unsuitable for their intended purpose due to defects affecting usage, Smartafro.co.za may offer a full refund, credit, or replacement after inspecting the returned items. Minor defects not impacting usage are excluded.
    • Cooling-off period: Within 5 days of purchase, returns are accepted only if the goods are unused, in original packaging, and supported by valid proof of purchase.

Smartafro.co.za doesn’t accept returns in these instances:

  • "Buyer’s remorse" situations where the consumer changes their mind post-purchase.
  • Goods damaged through regular use or wear and tear.
  • Goods bought elsewhere, or items categorized under specific categories such as underwear, personalized or custom-made items, health or safety hazard items, and certain electronic goods.
  • Consumable food items for health reasons, earrings, and opened electronic goods for health and safety reasons.

Returns are not applicable if goods have been intentionally damaged, damaged due to force majeure, or by gross negligence of the consumer or retailer. In such cases, Smartafro.co.za may hold the consumer responsible for delivery charges.

Cash refunds are processed within 7 to 14 working days from acceptance, reimbursed to the original banking details used for the order or provided during sign-up/account creation. Returns and free exchanges are applicable only within South Africa. For returns outside South Africa, all costs are borne by the consumer.

Cash refunds requested after December 15th will be processed after January 15th of the succeeding year due to administrative account closures.

Exchanges

Smartafro.co.za reserves the right to decline exchanges for any reason, in compliance with sections 55 and 56 of the Consumer Protection Act of 2008, as amended.

Smartafro.co.za currently facilitates deliveries within South Africa borders through its online platform. Deliveries to selected African countries outside South Africa are also available. For inquiries about deliveries within Africa, kindly contact [email protected].

Smartafro.co.za endeavors to deliver all orders within 7 working days within South Africa. However, external factors beyond Smartafro.co.za's control might cause variations in delivery times. Smartafro.co.za cannot be held liable for any losses, liabilities, costs, damages, charges, or expenses arising from delayed deliveries.

During promotional events, delivery times may extend to 10 to 15 working days due to increased orders. Delays may occur due to unforeseen circumstances, force majeure, logistical constraints, or promotional activities. In case of stock shortages, Smartafro.co.za will make every effort to assist customers with suitable alternatives or offer store credit or refunds.

Risk associated with delivery passes to the Consumer upon receipt. Smartafro.co.za doesn’t deliver to P.O. Boxes, LOT Numbers, or remote areas inaccessible by delivery companies. Consumers are responsible for providing a reachable physical address. It's the Consumer's duty to inspect goods upon delivery and report any defects, damages, or incorrect deliveries within 48 hours.

Delivery charges are specified with each order and vary based on the item's size, type, and quantity. If a Consumer changes the order details or delivery address after dispatch, logistical considerations may cause delays of 24–48 hours.

DELIVERY CHARGES

Smartafro.co.za no longer offers free delivery within South Africa for orders under the value of R500-00. A transport charge applies to orders below this threshold. If a customer pays for shipping and returns a product, the shipping charge paid won't be refunded. Returns that drop the purchase value below the free shipping threshold will incur a standard R75 shipping charge.

Delivery charges to African countries outside South Africa are calculated on the website but are subject to final packing. These prices exclude customs and duties charges applicable in the recipient country.

During promotions and special sale events, delivery times may extend to 10 to 15 working days. Smartafro.co.za reserves the right to disable discount codes for third-party promotions, month-end sales, and special promotions.

CANCELLATION POLICY

Prior to finalizing an order, the Consumer may cancel it without charges. However, once the order is confirmed, Smartafro.co.za reserves the right to charge a reasonable handling or administrative fee, up to 10% of the purchase price, as per the Consumer Protection Act.

Smartafro.co.za may cancel any order suspected of fraud, misconduct, or criminal activity. Unilateral cancellation by the Consumer isn't allowed post-transaction, subject to the terms in the Returns Policy. Cancellation requests must be written from the account holder related to the purchase, and refunds may take 7-14 working days to process. If cancellation occurs after shipment, refunds are processed upon return and validation in the Smartafro warehouse, with potential liability for shipping charges.

Misuse or Abuse

Smartafro.co.za, at the sole discretion of its management, reserves the right to:

  • Restrict access to its website, social media pages, mobile app, or platforms for users.
  • Suspend or ban users from accessing its platforms.
  • Remove comments, statements, or posts that may tarnish Smartafro.co.za's reputation.
  • Record any potentially defamatory or legally concerning posts for reference.
  • Take measures to mitigate or limit reputational damages or defamatory conduct.

COMPETITION TERMS

Smartafro.co.za occasionally conducts competitions and promotions for website users and consumers. The following terms apply to all competitions unless specified otherwise. In case of any conflict between the website's competition terms and these conditions, these conditions take precedence:

  • No entry fee is levied unless specified.
  • Smartafro.co.za isn't responsible for entries not received due to various reasons, including network issues.
  • Prize descriptions are provided in ordinary terms, but accuracy isn't guaranteed for third-party supplied prizes.
  • Winners are randomly selected, yet the final decision rests with Smartafro.co.za.
  • Employees, staff, affiliates, partners, and service providers of Smartafro.co.za aren't eligible.
  • Competition winners' information may be publicized by Smartafro.co.za or its affiliates.
  • Prizes are delivered or collected at Smartafro.co.za offices only and cannot be exchanged for cash or returned.
  • Smartafro.co.za reserves the right to alter or cancel competitions at its discretion.
  • Winners must contact Smartafro.co.za within 7 working days of notification; otherwise, the prize may be forfeited.
  • Entries are accepted within the competition period, closing at midnight on the last day or within a maximum of 14 days, unless specified otherwise.
  • Prizes are delivered within standard delivery times to the winner's provided address.
  • Entry into competitions signifies acceptance of all the aforementioned terms.

Note: The following sections continue the terms and conditions but were not provided for rephrasing.

Free Delivery Terms

Smartafro.co.za offers free delivery for orders over R1000.00 under specific conditions:

  • The total purchase value must be R1000.00 or more.
  • If items are returned, dropping the total purchase below R1000.00, the consumer is liable for shipping charges.
  • Smartafro.co.za may apply shipping charges at its discretion for misuse of the free shipping offer.

Next Day Delivery

  • Excludes weekends and public holidays.
  • A R75 charge per order applies, excluding COD payment options.
  • Available only in certain Main Centre areas like DURBAN if orders are placed before 14:00 on a business day.
  • Delivery between 8 am and 5 pm the next business day, excluding kitchen appliances and pre-orders.
  • Limited promotions for free delivery on all orders are strictly for South African customers.

Price Guarantee Policy

The following terms govern Smartafro.co.za's Price Guarantee and Price Match Policies:

The product must be brand new, identical in every aspect, including specifications, color, size, and style, and offered under the same terms as Smartafro.co.za.

Our price guarantee applies to legitimate South African online stores offering the same merchandise, excluding factory outlets, membership clubs, duty-free shops, auction sites, market stalls, private sales, and liquidations.

The competing store must have the product in stock and available for immediate purchase and delivery, as must be the case at Smartafro.co.za.

Verification of the lower price offered by the competitor online store may be required by Smartafro.co.za before supplying the item.

The competing online store's price must include VAT and any applicable delivery charges.

Smartafro.co.za's price guarantee is valid for five days after purchase.

Absolute proof of purchase is required by Smartafro.co.za.

Smartafro.co.za reserves the right to withdraw this price guarantee at its sole discretion.

Limitation of Liability

Unless stated otherwise in a written agreement, Smartafro.co.za shall not be liable to Consumers, Retailers, or Users for any indirect, consequential, special, incidental, or punitive damages arising from the use of Smartafro.co.za's Website or Online Platform or the supply or resale of any goods or services.

Information and Data Protection - POPI

In this clause, "data subject" and "process" carry the meanings defined in the Protection of Personal Information Act of 2013 (POPI). Each party warrants strict compliance with all POPI requirements related to this Agreement.

Smartafro.co.za ensures that all information collected from Consumers, Retailers, and Users is solely for business purposes, including marketing and advertising. The company guarantees appropriate technical and organizational measures to protect against unauthorized or unlawful processing of Personal Data.

Smartafro.co.za pledges cooperation and assistance at no cost to data subjects seeking to exercise their rights under POPI. Any notifications from local data protection regulators regarding Personal Data will be immediately reported to Smartafro.co.za by Consumers, Retailers, or Users.

Notification of Data Loss or Compromise

 

Should Smartafro.co.za become aware of any loss, compromise, or damage to Personal Data processed under this Agreement, the company will:

Notification of Data Loss or Compromise

If Smartafro.co.za becomes aware of any loss, compromise, or damage to Personal Data processed under this Agreement, it will:

(a) Immediately notify the Consumer, Retailer, or User of the incident's details.

(b) Promptly initiate a comprehensive investigation into the incident's circumstances and provide reports or findings of the investigation to the Consumer, Retailer, or User.

General

This Agreement, along with relevant provisions of the Privacy Policy, constitutes the entire agreement between Smartafro.co.za and the Consumer, Retailer, or User, superseding all prior agreements, whether written, oral, or implied. By entering into this Agreement, the Consumer, Retailer, or User acknowledges not relying on any representations by Smartafro.co.za, except those expressly set out in this Agreement. Any amendments to this agreement will be provided to the Consumer, Retailer, or User upon the next usage of the Website or Online Platform, and their continued usage shall indicate acceptance of such changes.

All proprietary information including logos, fonts, brands, products, content, pricing, sizes, and specifications hosted on the website or online platform remain the exclusive property of Smartafro.co.za. Unauthorized copying, distribution, usage, alteration, or manipulation of this information without express written consent from Smartafro.co.za is prohibited and will be subject to legal consequences.

Any notice required under this Agreement shall be given in writing, signed by an authorized person, and delivered by hand, email, or registered mail to the recipient's address specified in this Agreement.

This Agreement is governed by South African law, and the Courts of the Republic of South Africa have exclusive jurisdiction. If any provision of this Agreement is deemed illegal or unenforceable, that specific provision shall be considered void while the enforceability of the remaining Agreement remains unaffected.

Address for Notices

Smartafro.co.za designates the following address for the receipt of notices, processes, documentation, and communications:

Enquiries: [email protected]

Customer Services Number: 0873515116

Full Company Details: Afro Zone Technology (PTY) Ltd, Registration Number 2016/131657/07