IMPORTANT – PLEASE READ THESE TERMS CAREFULLY WHEN PURCHASING, USING OR ACCESSING THE WEBSITE OR PURCHASING GOODS FROM SAPMOK PROPRIETARY LIMITED (Registration number: 2015/402242/07) (“Sapmok”, “Us”, “We” “Our”).
1.1. This website can be accessed at www.sapmok.com (the “Website”) and is owned and operated by Sapmok.
1.2. The Website enables you to shop online for an extensive range of goods which may include clothing and apparel and products such as shoes, belts, caps, jackets, shirts, socks (“Goods”).
1.3. These Commercial Terms govern the ordering, sale and delivery of Goods, and the use of the Website.
1.4. These Commercial Terms are binding and enforceable against every person that accesses or uses this Website and purchase Goods (“you”, “your” or “user”).
1.5. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING THE “SUBMIT” OR “ACCEPT” or “BUY” BUTTONS, USING ANY OF THE SERVICES, PURCHASING GOODS OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU AND ANY PARTY OR ENTITY THAT YOU ARE USING/PURCHASING THE GOODS ON , YOU REPRESENT AND WARRANT THAT: (i) YOU ARE AUTHORIZED TO BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE WEBSITE; AND (ii) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS.
2. IMPORTANT NOTICE
2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008.
2.2. These Terms and Conditions are divided into three sections, as follows:
3. BUYING FROM US
3.1. You may place orders for Goods, which we may accept or reject. Whether or not we accept an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by us for the Goods.
3.2. We will indicate the acceptance of your order by delivering the Goods to you, and only at that point will a Commercial Terms of sale between you and us come into effect.
3.3. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by us, we will take all reasonable efforts to monitor stock levels and ensure that when the stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, we will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
4.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
4.2. The following payment methods are accepted and available:
4.2.8. Debit cards.
5.1. We offer one method of delivery of Goods to you, which is via courier and the cost of delivery is for your account and will be charged in addition to the actual retail cost of the Goods purchased.
5.2. Some items (heavy or large, based on volumetric weight) may carry additional delivery fees. These additional fees are included in the delivery cost upon checkout.
5.3. Where it accepts your order, we will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
6.1. You may cancel an order up to 5 days from the date of the submitting of an order.
7.1. We agree to refund and for you to return Goods on the following conditions –
7.1.4. All above within one week from delivery.
7.2. The refund is conditional on receiving the Goods in the similar condition as dispatched and when purchased.
7.3. If incorrect size or colour ordered is due to your fault, you will be liable for the return courier costs.
7.4. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the returns policy, herein.
8.1. We may from time to time make electronic gift vouchers and electronic promotional coupons available for use on the Website towards the purchase of Sapmok Goods. Details will be published on our Website from time to time and be supplemented with our applicable voucher policies.
8.2. We currently offer instore vouchers only. These vouchers are valid up to 365 days from the date of being purchased. For more info contact us at email@example.com
9. WARRANTIES AND DISCLAIMER
9.1. We give a 365-day warranty on all Goods purchased and will re-sole any shoe at no cost.
9.2. We do not give any other warranty (express or implied) other than in terms of 9.1 nor make any further representation that our Goods will be error free.
9.3. You warrant to and in favour of us that:
9.3.3. these Commercial Terms constitute a contract valid and binding on you and are enforceable against you;
9.4. Each of the warranties given by you will:
9.4.3. be deemed to be material.
10. LIMITATION OF LIABILITY
We will not, under any circumstances, be liable to you for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts which you may sustain or suffer (or with which you may be threatened) as the result of, whether directly or indirectly, any act or omission in the course of or in connection with the implementation of these Commercial Terms or in the course of the discharge or exercise by the parties or their employees, agents, professional advisors or delegates of their obligations or rights in terms of this Commercial Terms or the termination of these terms for any reason, in excess of the amount recoverable under our professional indemnity insurance policy.
11. NO CONSEQUENTIAL LOSSES
Under no circumstances whatsoever shall either of us be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss or damage was actually foreseen or reasonably foreseeable), including but not limited to any loss of commercial opportunities or loss of profits, and whether as a result of negligent (including grossly negligent) acts or omissions of such party or its servants, agents or contractors or other persons for whose actions such party may otherwise be liable in law.
You hereby indemnify and hold harmless us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time) against any claim by any third party for any costs, damages (including, without limitation, indirect, extrinsic, special, penal, punitive or exemplary loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts arising, from any information furnished by you which is published on our Website, use our Website, purchase of Goods or arising from any breach of any of any obligations or duties under these Commercial Terms.
Should a party (“the Defaulting Party”): breach any of the terms and conditions of these commercial terms, then the other party (“the Aggrieved Party”) shall be entitled forthwith where the Defaulting Party has failed to remedy such breach within a period of 14 (fourteen) days after receipt of written notice by the Aggrieved Party requiring it to do so, to claim specific performance or to cancel this Commercial Terms by written notice to that effect given to the Defaulting Party, either of which shall be without prejudice to any other rights which the Aggrieved Party may have at law.
14.1. Other than in respect of those provisions of this Commercial Terms which provide for their own remedies or should such process be unsuccessful, or the outcome is non-binding, either party may refer the matter to arbitration to be held in terms of this clause 14.
14.2. The arbitration shall be held in Pretoria in accordance with the provisions of the Arbitration Foundation of South Africa (“AFSA”) and:
14.2.2. the Arbitrator shall have the discretion to determine the procedure to be adopted at the arbitrational hearing.
14.3.The appointment of the Arbitrator will be agreed upon between the Parties, but failing Commercial Terms between them within a period of 14 (fourteen) days after the arbitration has been requested, any of the Parties shall be entitled to request the President for the time being of the Law Society of the Northern Provinces, whom failing, the chief executive officer/s of the Law Society of South Africa, to make the appointment and who, in making his appointment, will have regard to the nature of the dispute.
14.4. The decision of the Arbitrator shall be final and binding and shall not be subject to appeal.
14.5. The Parties acknowledge and agree that the provisions of this clause shall not preclude any of them from proceeding against any of the other of them in any court of competent jurisdiction where relief is being sought on an urgent and interim basis.
15. FORCE MAJEURE
15.1. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquakes, labour disputes, actions of governmental entities (including but not limited to delay caused by customs regulations or a change in customs regulations), riots, war, terrorism, fire, epidemics or other circumstances beyond its reasonable control.
15.2. The obligations and rights of the defaulting party shall be extended for a period equal to the period during which such event prevented such party’s performance, provided that if such period exceeds 60 (sixty) days, then either party shall be entitled to terminate this Commercial Terms immediately on written notice while the party’s performance continues to be prevented
16.1. No relaxation, indulgence or concession granted by any party to the other(s) in respect of any of its obligations hereunder shall constitute a novation of any part of this Commercial Terms nor otherwise prejudice, derogate from, or affect, any rights which the party granting the relaxation, indulgence or concession may have against the party(ies) in whose favour such grant shall have been made.
16.2. No variation of, or addition or agreed cancellation to this Commercial Terms shall be of any force or effect unless it is reduced to writing and signed by or on behalf of the parties.
16.3. Governing law: These Commercial Terms shall be interpreted and governed in all aspects in accordance to the laws of the Republic of South Africa.
16.4. Jurisdiction: We both consent to the jurisdiction of the Gauteng High Court in Pretoria in respect of any matter flowing from these Commercial Terms.
16.5. Good faith: We both agree to display good faith.
16.6. Address for service: any notice, approval, request, authorisation, direction, or other communication under these terms shall be given in writing, directed to the address that can be found on our Website and the addresses provided to us by you during registration, and shall be deemed to have been delivered and given for all purposes:
16.6.4. 5 (five) business days after the mailing date whether or not actually received, if sent by registered or recorded delivery post or any other means of rapid mail delivery for which a receipt is available to the contact at the address of the Party to whom the same is directed.
ANNEXURE B: BROWSER TERMS
Please read these Browser Terms (“Browser Terms”) carefully before using or browsing the www.sapmok.com website (the “Website”) operated by Sapmok. (“us”, “we”, or “our”).
1. BROWSER TERMS
What are these Browser Terms?
1.1. These are the Terms that regulate your use of our Website, and our relationship with you (“You”). They create a legally binding contract between us, as soon as they apply.
1.2. This is not an exhaustive list, but these Browser Terms apply when you browse, use, ‘surf’, share, post and or comment on our Website.
2. THE GOAL OF THESE BROWSER TERMS
2.1. We will have no obligations to you whatsoever and we will not be liable at all for any liability, damage or loss resulting from your use or inability to use our Website. You should not act in a way that relies on any information on our Website. You use our Website at your own risk.
3. OUR WEBSITE
3.1. Our Website is found at sapmok.com
4. WHEN DO THESE TERMS APPLY?
4.1. These Browser Terms will apply if you access or use our Website. Don’t use our Website if you don’t absolutely agree to these Browser Terms, as you can only use our Website on these Browser Terms.
5.2. If there is a conflict between these Terms and the Commercial Terms, the Commercial Terms will apply.
6. CHANGES TO OUR WEBSITE AND/OR THESE TERMS
6.1. We have the sole and unfettered right (as far as the law allows) to suspend, change or add to our Website, and to change or add to any of these Browser Terms and such changes will apply as soon as they are made.
7. USE OF OUR WEBSITE
7.1. You may not:
7.1.1. distribute any content from our Website without our prior consent;
7.1.2. use any technology, including but not limited to crawlers and spiders, to search our Website or obtain information from our Website;
7.1.3. copy our Website or any pages;
7.1.4. link to our Website in a manner other than through the homepage; or
7.1.5. deep-link to any other pages in a way that would suggest that you own the intellectual property that belongs to us.
8. INTELLECTUAL PROPERTY
8.1. You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Website or any products sold by us, including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to us or the respective owner(s)’ property and will remain our or the owner’s property at all times.
8.2. You agree that you will not acquire any rights of any nature in respect of that intellectual property by using our Website.
9. LIMITED LIABILITY
For purposes of clarity:
9.1. we will not be liable to you for any loss caused using our Website or your liability to any third party arising from those subjects. This includes:
9.1.1. any interruption, malfunction, downtime, off-line situation or other failure of the Website, system, databases or any of its components;
9.1.2. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Website; and
9.1.3. any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website and/or third-party systems or programming defects;
You shall indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys’ fees, whether directly or indirectly arising out of, relating to, or resulting from the negligence, breach of these Browser Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1. The content of these Browser Terms is governed by South African law, including the Website and any interaction you may have with the Website regardless of what country you are based in, or the country where you access the Website or the country where you receive or use our Services.
11.2. If we ever have a dispute, then you agree that the High Court of South Africa (Gauteng Division, Pretoria) will have sole jurisdiction to consider our dispute, applying these Terms and South African law.
12. CONTACT INFORMATION
12.1. Please email us at firstname.lastname@example.org for any enquiries about our Website.
13. DISCLOSURE IN TERMS OF SECTION 43 OF ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 25 OF 2002
13.1. Site owner: Sapmok Proprietary Limited (trading as “Sapmok”), registration number 2015/402242/07.
13.2. Legal status: Sapmok is a South African private limited liability company.
13.3. Description of main business of Sapmok: Sapmok is a modern Africa adventure brand, selling clothing and apparel. Products such as shoes, belts, caps, jackets, shirts, socks etc.
13.4. Email address: email@example.com
13.5. Website address: https://sapmok.com/
13.6. Physical address: 69 Thomas Edison, Menlo Park, Pretoria, 0081.
13.7. Postal address: 69 Thomas Edison, Menlo Park, Pretoria, 0081.
13.8. Registered address: 69 Thomas Edison, Menlo Park, Pretoria, 0081.