SMEG RETRO FRIDGE COMPETITION

Purchase any Smeg product across our full range of small and large appliances, cookware, sinks, professional cleaning products and accessories between 12 June and 26 August 2023 to qualify to enter for your chance to win a Smeg FAB32 Retro Fridge worth R51,999 - in any colour of your choice!

TERMS & CONDITIONS
Please read these Competition Terms & Conditions carefully. Participation in this Competition will constitute your agreement to comply with the Terms & Conditions outlined. If you do not agree with these Terms & Conditions, please do not participate in this Competition.

1. The Organiser of the Competition is Smeg South Africa, Registration number: 1989/003698/07 (herein referred to as ‘The Promoter’)

2. Promotion period for WIN A SMEG RETRO FRIDGE (herein referred to as ‘The Competition’) is valid from 12 June 2023 to 26 August 2023, and may be extended at the discretion of ‘The Promoter’.

3. ‘The Competition’ includes x1 SMEG RETRO FAB32 FRIDGE-FREEZER WORTH R51,999 in the colour of the winner’s choice only and, is not exchangeable, transferable and may not be redeemed for cash and/or other Smeg products.

4. TO ENTER ‘The Competition’ participants are required to retain original invoice/and/or receipt/s to validate purchase via the entry form on ‘The Promoters’ website. Information on how to enter ‘The Competition’ is outlined below and forms part of these Terms and Conditions.

5. ‘The Competition’ is valid with purchase on ANY Smeg product via authorised Smeg retailers, during the promotion period only. ‘The Competition’ is NOT available on sales which have been reserved with a deposit.

6. ‘The Competition’ is available to cash and credit customers only and is not on item/s that have been reserved with a deposit or on layby unless the item purchased and paid off within the promotional period outlined.

7. Participants will qualify for entry into ‘The Competition’ once only, for each purchase made. ‘The Promoter’ reserves the right to verify proof of purchase and reject any entries that are not in accordance with these terms and conditions.

8. ‘The Competition’ value is based on current recommended retail price (RRP).

9. Product is subject to stock availability in South Africa. The winner may select their prizes in any colour option available to Smeg South Africa. Colours are also subject to stock availability in SA. If product or chosen colour is not available, the winner may opt to await shipping of product (approximately 8-14 weeks +) or provide an alternate colour option in order to facilitate prize claim.

10. If the product is not available, despite ‘The Promoters’ reasonable endeavours to procure the product, the Promoter reserves the right to substitute product of equal value.

11. The prize includes a once off delivery. ‘The Promoter’ will not be held responsible for any undelivered prizes due to any incorrect details being provided by the winner/s with regards to delivery details and no replacements will be made.

12. In the event that ‘The Competition’ is not available, ‘The Promoter’ reserves the right to substitute ‘The Offer’ with an alternative prize, equal in value (RRP).

ENTRY & VERIFICATION PROCESS

1. To qualify for entry into ‘The Competition’ participants are required to purchase any Smeg product on or before ‘The Competition’ closing date on 26 August 2023 and complete the entry form directly via the ‘The Promoters’ website www.smeg.com/za. Participants will also be required to upload a clear copy of original invoice in order to validate purchase for entry into the lucky draw.

2. Entries for ‘The Competition’ close on the 22 September 2023. Any entries received after ‘The Competition’ closing date will not be considered. Strictly no exceptions will be entered into. ‘The Promoter’ accepts no responsibility for lost or misdirected or delayed entries.

3. Proof of purchase required for entry must clearly show date of purchase, participating retailer where purchase was made, product model and purchase amount.

4. ‘The Promoter’ reserves the right to disqualify entrants if invalid invoices are submitted or these Terms and Conditions have not been adhered to or, if it detects any irregularities or fraudulent practices. ‘The Promoter’ reserves the right to verify the authenticity of invoices and any other submitted information. Failure to provide requested verification documents or providing false or misleading information will result in disqualification.

5. The lucky draw will be held by ‘The Promoter’ and the winner drawn by random selection from the pool of entries received and will be announced on the 29 September 2023.

6. The draw results to determine the winner is final and no correspondence will be entered into.

7. The winner will be notified directly by ‘The Promoter’ via email or telephone as per the winner’s details supplied by the winner when entering ‘The Competition’. ‘The Promoter’ shall attempt to contact the winner for a period of ten (10) working days after his or her name is drawn as a winner, thereafter the winner will forfeit the prize.

8. Additional information such as name, surname, contact number and e-mail address will be required to facilitate delivery of ‘The Competition’ prize.

9. In accordance with the confidentiality policies and practices of ‘The Promoter’, none of the entry details of any participant in ‘The Competition’ will be disclosed or used by ‘The Promoter’ for any purposes other than for entry into ‘The Competition’ and in accordance with clause (10) below.

10. Participants acknowledge and accept that ‘The Promoter’ will utilise a third party (‘The Promoters’ authorized agent/s”) and shall provide the participant’s information to such third party to contact the winner for delivery of the prize.

11. In the event that the winner is unreachable as set out in clause (7) above, ineligible, or fails to claim or accept delivery of the prize, the prize shall be forfeited to another winner based on the Terms and Conditions. ‘The Promoter’ shall in its own discretion determine the time period for a Prize to be claimed or for delivery to be accepted.

12. Participants should be aware that winner notification will be via telephone or email only set out in clause (7) above and as per the winner’s details supplied. ‘The Promoter’ will never contact the winner via any social media platforms, will never request banking details or any additional personal information.

13. Information regarding ‘The Competition’ that is published on authorized advertising material will also form part of the Terms and Conditions of ‘The Competition’. In the event of any conflict between such advertising material and these Terms and Conditions, these Terms and Conditions shall prevail.

14. ‘The Promoter’ reserves the right to change or terminate ‘The Competition’ at any time without notice, if deemed necessary in its opinion and if circumstances arise outside of their control. In the event of such change or termination, all participants agree to waive any rights that they have in respect of this promotional offer and acknowledge that they will have no recourse against ‘The Promoter’ or its agents.

15. Neither ‘The Promoter’, its agents, its associated companies, nor any directors, officers, or employees of such, shall be liable for any loss or damage, whether direct, indirect, consequential, or otherwise arising from any cause whatsoever, which may be suffered by a participant resulting from the participation in this promotion or the use of ‘The Competition’ prize thereof.

16. In the event of a dispute regarding any aspect of ‘The Offer’, redemption process and/or these Terms and Conditions, the decision of ‘The Promoter’ shall be sole adjudicator of the dispute and ‘The Promoter’s’ decision shall be final.

1. DEFINITIONS AND INTERPRETATION
In these Terms, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings –

1.1.1. “The Competition” means the promotion included;

1.1.2. “The Promoter” means Smeg South Africa (Pty) Ltd (Registration Number: 1989/003698/07), a company duly incorporated in terms of the company laws of the Republic of South Africa situated at 2985 William Nicol Drive, Bryanston Drive, Bryanston;

1.1.3. “Terms and Conditions” means the terms and Conditions set out in this document;

1.1.4. “The Act” means the Consumer Protection Act, Act 68 of 2008, as amended from time to time;

1.1.5. “User” means a person and/or entity that has in its possession, utilises and/or operates the Product as provided for herein;

2. In these Terms and Conditions, unless the context requires otherwise:

1.2.1. a reference to any one gender, whether masculine, feminine or neuter, includes the other two;

1.2.2. any reference to a person includes, without being limited to, any individual, body corporate, unincorporated association or other entity recognised under any law as having a separate legal existence or personality;

1.2.3. any word or expression defined in and for the purposes of these Terms and Conditions shall if expressed in the singular include the plural and vice versa and a cognate word or expression shall have a corresponding meaning;

1.2.4. where a number is expressed as a number followed by a description of that number in words, in the event of a conflict between the numbers and the words, the words shall prevail;

1.2.5. references to a statutory provision include any subordinate legislation made from time to time under that provision and references to a statutory provision include that provision as from time to time modified or re-enacted as far as such modification or re-enactment applies, or is capable of applying, to these Terms and Conditions or any transaction entered into in accordance with these Terms and Conditions;

1.2.6. references in these Terms and Conditions to Annexures, clauses, instructions and/or Schedules are to Annexures, clauses, instructions and/or Schedules forming part of these Terms and Conditions;

1.2.7. where any reference is made to any clause number, unless such is specifically stated as referring to a clause of these Terms and Conditions, such shall be read as referring to a clause of these Terms and Conditions;

1.2.8. any word or expression defined in any clause shall, unless the application of the word or expression is specifically limited to the clause in question, bear the meaning ascribed to the word or expression throughout these Terms and Conditions;

1.2.9. no rule of construction shall be applied to the disadvantage of a Party to these Terms and Conditions because that Party was responsible for or participated in the preparation of these Terms and Conditions or any part of it;

1.2.10. unless otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a Business Day, the next succeeding Business Day;

1.2.11. all the headings and sub-headings in these Terms and Conditions are for convenience only and are not to be taken into account for the purposes of interpreting it; and

1.2.12. in the event of any conflict between any of the provisions of these Terms and Conditions and any of the provisions of the Terms and Conditions, the former shall prevail.

3. The provisions to follow are to be read in conjunction with the Act where applicable.

2. PRODUCT USAGE

1. The Product is to be used for its intended purpose only.

2. Use of the Product is solely at the discretion, liability, risk and responsibility of the User and/ or person(s) in control of the Product at any said time.

3. SMEG accepts no liability for inter alia:

2.3.1. Any loss and/or harm of any nature resulting from and/ or occurring during the use of the Product by any User and/ or person(s) in control of the Product at any said time;

2.3.2. Any damage of any nature resulting from and/ or occurring during the use of the Product by any User and/ or person(s) in control of the Product at any said time; and

2.3.3. Any injury and/ or death resulting from and/ or occurring during the use of the Product by any User and/ or person(s) in control of the Product at any said time.

4. The User acknowledges the risks and/ or responsibilities associated with the use of the Product and is to exercise the due care and caution required when using the Product.

3. OUR CUSTOMER SUPPORT DEPARTMENT CONTACT DETAILS

1. Should the User require any further information regarding the Product, its assembly, usage and/ or the terms above, the User is welcome to contact SMEG, as below:

Telephone number: 0860 102 984
Email address: [email protected]
Office hours: Monday to Friday - 08:00 to 16:30 and on Saturday - 09:00 to 14:00
(Not open on Public holidays)

4. APPLICABLE LAW AND JURISDICTION

1. These Terms and Conditions will in all respects be governed by and construed under the laws of the Republic of South Africa.

2. Subject to the terms set out in these Terms and Conditions, the Parties and/or User hereby consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, (Johannesburg) in any dispute arising from or in connection with these Terms and Conditions.

5. GENERAL

1. Whole Agreement

5.1.1. These Terms and Conditions constitutes the whole of the agreement between the parties relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of these Terms and Conditions not incorporated in these Terms and Conditions shall be binding on any of the parties.

5.1.2. These Terms and Conditions supersede and replace any and all other Terms and Conditions and/or Agreement between the parties (and other persons, as may be applicable) and undertakings given to or on behalf of the parties (and other persons, as may be applicable) in relation to the subject matter hereof.

2. Variations to be in Writing

5.2.1. No addition to or variation, deletion, or agreed cancellation of all or any clauses or provisions of these Terms and Conditions will be of any force or effect unless in writing and signed by the parties.

3. No Indulgences

5.3.1. No latitude, extension of time or other indulgence which may be given or allowed by any party to the other parties in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any party arising from these Terms and Conditions and no single or partial exercise of any right by any party under these Terms and Conditions, shall in any circumstances be construed to be an implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any of the party's rights in terms of or arising from these parties or estop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.

5.3.2. Failure or delay on the part of any Party in exercising any right, power or privilege under this Agreement will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

4. No Waiver or Suspension of Rights

No waiver, suspension or postponement by any party of any right arising out of or in connection with these Terms and Conditions shall be of any force or effect unless in writing and signed by such party. Any such waiver, suspension or postponement will be effective only in the specific instance and for the purpose given.

5. Provisions Severable

All provisions and the various clauses of these Terms and Conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms and Conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of these Terms and Conditions shall remain of full force and effect. The parties declare that it is their intention that these Terms and Conditions would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.

6. No Assignment

Neither these Terms and Conditions nor any part, share or interest herein nor any rights or obligations hereunder may be ceded, delegated, or assigned by a party without the prior written consent of the other party hereto, save as otherwise provided herein.

7. No Cession

Except as specifically contemplated in these Terms and Conditions, no party may cede any rights nor delegate any obligations in terms of these Terms and Conditions, without the prior written consent of all the other parties.

8. Successors

These Terms and Conditions shall be binding on the successors of the parties, including, without limitation, successors by name and successors-in-title (including but not limited to cessionaries, assignees, trustees, liquidators, business rescue practitioners, and informal business rescue/workout practitioner/manager).

9. Authority

The parties hereto confirm that all of the requisite steps that they are required to take for the purposes of this agreement have been duly taken by them, and that, insofar as they are artificial person, they have complied with all their constitutional incorporating and/or founding documents.

10. Exclusion of Electronic Signature

The reference in this clause to writing and/or signature shall, notwithstanding anything to the contrary in these Terms and Conditions, be read and construed as excluding any form of electronic signature.