SHOP ONLINE TERMS AND CONDITIONS

1. DEFINITIONS

1.1. Consumer – website visitor and/or user.

1.2. Goods – means any goods purchased from the website.

1.3. Smeg –means Smeg South Africa (Proprietary) Limited.

1.4. The CPA Act – means the Consumer Protection Act, 68 of 2008.

1.5. The ECT Act – means the Electronic Communications and Transactions Act 25 of 2002.

1.6. Terms and Conditions – means the terms and conditions applicable to any transaction between Smeg and its customers through the website. These terms and conditions have to be read in conjunction with all the other policies.

1.7. Website – means www.smeg.com/za

2. INTRODUCTION AND WEBSITE

2.1. This website can be accessed at www.smeg.com/za, related mobile sites and/or mobile applications and/or software applications The Website is owned and operated by Smeg South Africa (Proprietary) Limited.

2.2. These are the general Terms and Conditions that govern the relationship between the Consumer and Smeg. The Terms and Conditions set out in this document titled Terms and Conditions are applicable and govern, inter alia, the ordering, sale and delivery of Good/s as well as the use and access of the Website.

2.3. The Terms and Conditions are legally binding and enforceable against every person that uses and/or accesses the Website including every person who registers to use the Website. By using and/or accessing and/or registering to use the Website, it is deemed that Consumer has agreed to comply and be bound by all the Terms and Conditions (including any amendments made from time to time) unconditionally and that the Consumer has read all the Terms and Conditions (including any amendments made from time to time) contained herein.

2.4. The Website enables every person that uses and/or accesses it and/or registers to use the Website, to shop online for a range of kitchen appliances including, toasters, kettles, refrigerators, mixers, blenders, gas ovens and much more.

3. APPLICABILITY

3.1. The Terms and Conditions contained in this document apply to any person who uses and/or accesses the Website who are consumers as defined in the CPA Act and/or the ECT Act.

3.2. It the Consumer’s responsibility to ensure that it understands the Terms and Conditions of this document and understand and be appraised of the implications. If the Consumer does not understand any Term and Condition (including any change made from time to time), it is the Consumer’s responsibility to ask Smeg to explain it the Consumer before it continues to use the Website and in doing so, accept and acknowledge that the Consumer understands the Terms and Conditions (including any amendments made from time to time) as set out in this document.

3.3. No Term or Condition contained in this document must be read or be interpreted to limit and/or contravene and/or restrict any right that is afforded to the Consumer or Smeg in terms of the CPA Act and/or the ECT Act.

3.4. By using and/or accessing and/or registering to use the Website, it is deemed that the Consumer has agreed to comply and be bound by all the Terms and Conditions (including any amendments made from time to time) unconditionally and that the Consumer has read all the Terms and Conditions (including any amendments made from time to time) contained herein.

3.5. The Consumer must not access and/or use and/or register to use the Website if it does not understand or do not agree with the Terms and Conditions (as amended from time to time) of this document. The Consumer can also address any complaints to reviews to the following email address: [email protected] and Smeg will endeavour to consider them as soon as reasonably possible.

3.6. We value the Consumer’s opinion and would appreciate it if the Consumer could submit any reviews to us so that we can constantly improve on our services and ensure that we always provide the best and most efficient online service for your convenience and benefit.

4. LEGAL CAPACITY

4.1. By using and/or accessing and/or registering to use the Website, the Consumer warrants that it is at least eighteen years of age and have full legal capacity. If the Consumer is under the age of eighteen, the Consumer may only use and/or access and/or register to use the Website if the Consumer’s parent/s or legal guardian supervises and provides the necessary consent for the Consumer to use the Website.

4.2. Such legal guardian or parent/s will then be legally bound by the Terms and Conditions (including any amendments from time to time) contained herein and will be liable and responsible for the Consumer the obligations in respect of these Terms and Conditions (including any amendments from time to time).

5. REGISTERING TO USE THE WEBSITE

5.1. Should the Consumer choose to register to use the Website, the Consumer must provide the following information:

5.1.1. Name and surname;

5.1.2. Email address;

5.1.3. Contract number/s;

5.1.4. Physical and/or postal address;

5.1.5. Bank account details;

5.1.6. Identity number; and/or

5.1.7. Username and password.

5.2. The Consumer can register by clicking on this link www.smeg.com/za.

5.3. Once the Consumer has provided the login credentials and confirmed the registration of their account (“registered account”), the Consumer will need to use its correct details every time they want to order and/or purchase Good/s through the registered account.

5.4. If the correct details are not entered (the details with which the Consumer registered to use the Website to enable the Consumer to order and/or purchase Good/s), the Consumer will be denied access to the Website to order and/or purchase Good/s through the Consumer’s registered account.

5.5. Once the correct details have been entered to use the Website to transact and the Consumer’s order and/or purchase Good/s, the Consumer will be liable for payment of the order, irrespective of whether the use of the correct details are authorised, unless the order is cancelled in accordance with the Terms and Conditions (including any amendments from time to time) contained herein.

5.6. It is the Consumer’s responsibility to immediately notify Smeg should they becoming aware, or have any reason to believe and/or suspect that there has been any unauthorised access using the Consumer’s registered details, or there may potentially be any unauthorised access relating to the Consumer’s registered details.

5.7. It is the Consumer’s responsibility to ensure that, to the extent reasonably possible, the Consumer will endeavour to take any steps necessary to mitigate any loss and/or harm and/or damages that could be caused as a result of such unauthorised access of the Consumer’s registered details, including contacting Smeg immediately.

5.8. For these purposes, please contact Smeg immediately on 011 463 1016 and address an email to the following email address: [email protected].

6. SALE OF GOOD/S AND CANCELLATION

6.1. Smeg reserves the right not to accept any order that has been placed by a Registered user should the ordered Good/s not be readily available and in stock and until Smeg has received payment for the ordered Good/s. Should this be the case, Smeg will endeavour to reject the Consumer’s order as soon as reasonably possible, and thereafter, Smeg will cancel the order and will refund it any amount (if any) has already been paid to Smeg within 7 days of the rejection of the order.

6.2. Any sale or transaction will only be validly concluded once payment has been received by Smeg in full and the ordered Good/s have been delivered to the Consumer or the Consumer has physically collected the ordered and paid for the Good/s.

6.3. The Consumer is entitled to cancel the order at any time prior to delivery or collection of the Good/s provided that at time of cancellation the Consumer has not yet received a dispatch or delivery notice.

6.4. The Consumer is entitled to return the Good/s once they have been delivered and/or collected in accordance with the provisions of the Returns and Refund Policy (including any amendments made thereto from time to time).

6.5. The Consumer understands and is aware that availability of Smeg Good/s are limited and that prices may vary without notice to the Consumer. Smeg will reasonably endeavour to ensure that if there is no stock of the Good/s in question, that the Good/s will be discontinued on the Website.

6.6. If the Consumer has already placed an order for a Good/s that are no longer available, Smeg will notify the Consumer thereof and will refund them if any payment has been affected in respect thereof within 7 Business Days of the notice of the unavailability of the stock.

6.7. Good/s may not be purchased for re-sale. Should Smeg suspect that any Good/s are being purchased for resale purposes, Smeg is entitled to cancel the Consumer’s order immediately and reserve the rights to take any further action in the circumstances.

7. PAYMENT OF GOOD/S

7.1. Smeg is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
7.2. Payment can be made via debit card, credit card, direct bank deposit or electronic funds transfer.

7.3. Once the Consumer has selected its payment method, the Consumer will be directed to a link to a secure site for payment of the applicable purchase price for the Good/s as well as any delivery and/or additional agreed costs associated therewith.

7.4. Payment in respect of Good/s must be made at the time of placing the order for the Good/s and no orders will be accepted until payment is made in full.

8. DELIVERY AND/OR COLLECTION OF GOOD/S

8.1. Goods ordered by the Consumer on Smeg’s website will be delivered by Courier, and the cost of the courier company will be added onto the purchase price of the Goods.

8.2. Orders placed on Smeg’s website that exceed a certain purchase price will be delivered at no cost to the Consumer.

8.3. When purchasing Good/s from the Website, the Consumer will be provided with the option to have the Goods delivered to the Consumer’s registered address and//or to an address of its choosing by Smeg’s affiliate delivery service, or may opt to collect the Good/s from one of Smeg’s showrooms.

8.4. Subject to the contents of the Consumer’s order, Smeg reserves the right to charge a fee for the delivery of the Good/s, if any, which fee will be included in the cost of the Consumer’s order and is to be paid in full prior to the Good/s being delivered to the Consumer.

8.5. Should the Consumer fail to make payment of the applicable delivery fee, Smeg will not be in a position to deliver the Good/s to the Consumer and the Consumer will be required to collect same from one of Smeg’s showrooms.

8.6. In addition to the purchase of Good/s, the Consumer will be able to purchase digital gift cards to be used on the Website at the Consumer’s leisure. The gift card will be emailed to the Consumer upon receipt of payment in respect thereof by Smeg. This function is not yet available.

8.7. Please note that gift cards are strictly excluded from our Refunds Policy, and once purchased, are only able to be redeemed on our Website or at one of Smeg’s showrooms. This function is not yet available.

9. RETURNS / REFUND POLICY

Smeg’s Returns and Repairs Policy can be accessed and read online here. This policy is incorporated into these Terms and Conditions by way of reference and these Terms and Conditions should be read together with all other policies entirely including this one.

10. UPDATING OF THESE TERMS AND CONDITIONS

10.1. Smeg may elect to amend these Terms and Conditions in respect of the Website at our absolute discretion and at any time.

10.2. It is the Consumer’s responsibility to regularly check the Website and familiarise themself with any amendments to the Terms and Conditions, as the case may be. It is the Consumer’s responsibility to stop using and/or accessing and/or ordering any Good/s on the Website if the Consumer does not agree with any amendments made to the Terms and Conditions.

10.3. Any amendment will only be enforceable and effective for any orders and/or purchases of Good/s immediately after such amendment has been made.

10.4. By using the Website, it is deemed that the Consumer has agreed to the full Terms and Conditions including any amendments as set out in this clause, from time to time.

11. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

11.1. All rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of the Website will vest with Smeg, as the lawful owner thereof as the case may be) and any intellectual property, patent, copyright is the sole property of Smeg.

11.2. The contents of the Website, including any material, information, data, software, icons, text, graphics, Smeg logos, Smeg sub-logos, images, advertisements, designs, trade name and trademark which are displayed on the Website at any time are protected by law and is the property of and owned by Smeg or the respective lawful owner.

11.3. Smeg will not acquire any right, entitlement, interest or title in or to any of the Website content and/or material and/or information. The Consumer is prohibited, unless prior written consent is obtained from Smeg, to modify, use, to make derivative works, rent, lease, loan, sell, assign, copy, reproduce, distribute or for any other commercial use, use any of the information and/or content and/or material on the Website.

11.4. If any of the information and/or material and/or content displayed on the Website is owned by another third party and/or licensor and/or any other lawful owner (as the case may be), the rights to use will be governed by any terms and conditions applicable to such third party and/or licensor and/or any other lawful owner and you are obliged to comply and adhere thereto.

11.5. The Consumer agrees not to process, disseminate, divulge, monitor, distribute, copy, publish, print, post, modify or otherwise use the Website and/or any information contained therein unless the prior written consent has been obtained from an authorised Smeg representative in writing.

12. LIMITED LICENSE TO GENERAL USERS

12.1. Smeg grants the Consumer, a non-exclusive, non-transferable, limited and revocable right to access and use of the current and future Website content for personal, non-commercial and information purposes only.

12.2. Smeg may terminate the Consumer’s account at any time for any reason. The Consumer’s account is automatically terminated if it does not get Smeg’s written permission before using the Website in a way that contravenes the Terms and Conditions contained herein.

12.3. Smeg reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

13. NO WARRANTIES AND LIMITATION OF LIABILITY

13.1. Although Good/s sold on the Website may be under warranty, Smeg does not provide any warranty with regards to the Website itself. The Website is provided “as is”.

13.2. Although Smeg will endeavour to make every effort to provide complete and accurate information, Smeg does not make any warranties, express or implied, or representations as to the accuracy of content on the Website. In this regard, Smeg does not give any express or implied warranty or make any representations or make any other promise about the quality, accuracy, completeness and reliability of any information and/or content and/or material on the Website.

13.3. Smeg does not warrant that the Website is of good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that the Website is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.

13.4. By using and/or accessing and/or registering to use the Website, the Consumer has agreed to do so at its own risk and assume full responsibility for any risk or loss resulting from the use of the Website.

13.5. Smeg will not be liable for any damage, loss, expenses or harm, whether direct or indirect, consequential in nature or not, arising out of or in connection with any access and/or use of the Website and/or any content therein and/or any unlawful activity on the Website and/or any unauthorised use on the Website unless otherwise provided for in law.

13.6. The Consumer hereby indemnifies Smeg for any and all damage, loss, expense or harm, of whatsoever nature the Consumer may suffer as a result of the Website.

13.7. Smeg will do our best to fix any fault in the Website as soon as reasonably possible after we become aware thereof.

13.8. This is the limit of our responsibility and liability for any fault in the Website.

14. PRIVACY

Please see Smeg’s Privacy Policy for more information on using this Website and cookies. This policy is incorporated into these Terms and Conditions by way of reference and these Terms and Conditions should be read together with all other policies entirely including this one.

15. GOVERNING LAW AND JURISDICTION

15.1. The laws of the Republic of South Africa will govern any transaction and/or relationship and/or dispute and/or interpretation of the Terms and Conditions contained herein.

15.2. By using the Website and agreeing to the Terms and Conditions contained herein, the Consumer hereby consents to the jurisdiction of the Johannesburg, Gauteng Local Division High Court of South Africa in the event that a dispute arises.

15.3. It is illegal to access the Website from territories or countries where the content or purchase of the Good/s sold on the Website is prohibited.

15.4. The Consumer may not use the Website in violation of South African export laws and regulations. If the Consumer access’ this website from locations outside of South Africa, the Consumer is responsible for compliance with all South African laws.

16. CONTACT INFORMATION

16.1. This website is operated and owned by Smeg South Africa (Pty) Ltd based in South Africa trading as smeg.com/za with registration number 1989/003698/07.

16.2. If the Consumer has any questions, queries or wish to request permission to use any part of this website, please contacting Smeg by phone or email.

17. NOTICES AND DOMICILIA

Smeg South Africa (Pty) Ltd chooses its domicilia citandi et executandi at the following physical addresses for the purpose of the giving of any notice and/or the serving of any process in respect of any dispute arising out of these terms and conditions and accordingly any Good/s supplied by through the Website:
Bryanston Boulevard,
2985 Winnie Mandela Dr,
Bryanston,
Sandton,
2191

18. GENERAL

18.1. These Terms and Conditions (including any amendments made from time to time) and any policies referred to herein shall constitute the full agreement between Smeg and the Consumer and will be binding on the parties. No other warranty or undertaking is valid, unless contained in these Terms and Conditions.

18.2. The Consumer may not cede, assign or otherwise transfer any of its rights and obligations in terms of these Terms and Conditions to any third party.

18.3. Any failure on the part of the Consumer or Smeg to enforce any right in terms hereof shall not constitute a waiver of that right.

18.4. If any term or condition contained herein is declared invalid, such term and/or condition will be deemed to be served from the agreement and the remaining terms and conditions will remain in full force and effect.

18.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

18.6. No indulgence, extension of time, relaxation or latitude which any party may show grant or allow to the other shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.