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Terms and Conditions

Terms and Conditions of Purchase for Consumers
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Please read this carefully. 
By using or submitting an order (and any subsequent orders) on this web site you are agreeing to the terms that appear below.

PURCHASE CONTRACT
1.1 This web site is operated by Eamap Consulting & Project Management cc, trading as SmartShopping.co.za.  By using the smartshopping.co.za website you are bound by these terms and conditions. 
1.2 All use and purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given use or purchase will be those in effect at the date of your order or specific use.
1.3 If you use or order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your site visit or purchase. 
1.4 To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date and time when these Terms and Conditions were most recently updated.
1.5 When you register on smartshopping.co.za, we need to know your name, your gender, your ID or Passport number, one of your delivery addresses, your email address and a contact number. These are used to verify who you are, and to enable us to deliver any orders you place with us. 
1.6 When you first start shopping with us, we will ask you for your delivery suburb and postal code, to ensure that we are able to deliver to your area. If you are not in our delivery zones, we will also give you the choice to furnish us with your email address, suburb and postal code, so that we can notify you when we do start delivering to you.
1.7 When you have completed your shop, and checked out, you will be required to select a delivery date and confirm the email address to which the Pro Forma Invoice must be sent.
1.8 Select 'Submit your Order' and a Pro Forma Invoice will be automatically emailed to you. The Pro Forma Invoice shows the amount that must be paid in order for your shop to be dispatched and delivered to you.
1.9 Certain of the Products are variable/random mass items. Whilst the average mass of the Product indicated on the SmartShopping Site is an estimation of the cost, the actual Product delivered to you may weigh more or less than the average mass indicated.  The Pro Forma Invoice generated at Checkout reflects this estimate.  Within 24 hours of Delivery, you will receive an Invoice that reflects the actual amount due in respect of the specific Product delivered.  If there is a price discrepancy, this will either be credited or debited to your next purchase.
1.10 If you are credited, you may request that this balance is refunded to you.  On receipt of your banking details, the refund will be processed.
1.11 If your account is in debit, this balance will be brought forward and added to the total of your next purchase. 
1.12 The Pro Forma invoice must be paid via EFT (electronic funds transfer).  Proof of payment must be emailed or faxed to SmartShopping prior to dispatch of order.
1.13 Payment confirmation received by 16h00 will enable orders to be dispatched the next day (unless another delivery date has been selected by you).
1.14 On receipt of the payment confirmation of the amount of the Pro Forma Invoice, the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions. The contract will be deemed to be entered into in Tokai, Cape Town, South Africa and the Contract Date will be the date on which payment confirmation is received. 
1.15 If you have selected a delivery date 2 or more days after the Contract Date on which the Proof of Payment was received, then we will endeavor also to send you an email the day before delivery is scheduled, reminding you of the scheduled delivery of your order. The purpose of the reminder is to reduce the likelihood of delivery times being forgotten. Unless you have requested not to be contacted by text message, we may also send the reminder by text message to the mobile phone number you have given us when setting up your account. 
1.16 You must be 18 years old or over and must have completed the registration process in order to participate in our service.

2 PRICE AND DELIVERY CHARGES
2.1 With the exception of goods referred to in clause 2.2, the price of the goods will be as quoted on the web site at the time you confirm your order (usually by clicking the 'checkout' button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered. 
2.2 Where items are ordered and sold individually by weight (such as certain fresh meat, poultry, fish, or cheese) the price of these items (expressed per kilogram or other appropriate unit of measurement) will be the price on the date that they are weighed. Although we have an indicative weight guide on the website, this is merely to assist your planning and the price you will be charged is the price for the actual weight you receive. In the event that there is a change in the price/kg between the time your order is made and the time the item is weighed and priced by the supplier, the price you will be charged will be the price at the time the item is weighed. 
2.3 The prices stated on the website will be inclusive of any VAT payable.
2.4 There is a minimum order requirement of R400 (including vat) for every order placed. There is no delivery charge.

2.4.1 METHODS OF PAYMENT 
2.5 On receipt of your Pro Forma Invoice, payment must be made by electronic funds transfer (EFT) to the bank account listed on the website.  We do not have credit or debit card capabilities for the acceptance of payments.  Your order be confirmed for delivery once payment confirmation has been received via any of the methods listed on the website.
2.6 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than R150. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.

2.6.1 DELIVERY
2.6.2 Delivery will be made to the address specified by you when you register on the website. You have the ability to change this address through the 'Update Details' feature on the website, and you must do so if you move home so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
2.6.3 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardizes availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. It is our policy to identify any substitute items to you at the time of delivery and give you the opportunity to accept or reject the item at that time. 
2.6.4 We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received. In any event, subject to clause 7.1 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered.
2.6.5 We take special care to endeavor that deliveries are made within our delivery hours and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. An appropriate person must sign for all goods on delivery. If no one is at the address when the delivery is attempted, the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery. 
2.6.6 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavor to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 7.1 below, our liability to you will be limited to the price of goods not delivered. 
2.6.7 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery. 
2.6.8 SmartShopping will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct SmartShopping to leave a delivery unattended at your address, SmartShopping expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.

2.6.9 DEFECTIVE GOODS
2.6.10 We guarantee the quality of our goods. You must inspect the goods and notify us promptly in writing of any defective goods or other dissatisfaction with your order. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us within 3 days of delivery of the goods. We will arrange with you for the goods to be returned to us.
2.6.11 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.

2.6.12 WARRANTY AND LIABILITY
2.6.13 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. 
2.6.14 In addition to paragraph 4.4, we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
2.6.15 Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.

2.6.16 PRIVACY
2.6.17 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise.
2.6.18 At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorized use of your e-mail address and/or password or any breach of security known to you.

2.6.19 CUSTOMER COMPLAINTS
2.6.20 Any Customer complaints should be addressed to the info@smartshopper.co.za – you will find other contact details listed on our website in the 'Contact Us' section.

2.6.21 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS
2.6.22 From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.
2.6.23 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clauses 2.1(a) and 4.2, we will honor at the offer price any order placed by you before an offer ends, or is amended or withdrawn. 
2.6.24 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.

2.6.25 GENERAL
2.6.26 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
2.6.27 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through smartshopping.co.za, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the smartshopping.co.za website without SmartShopping's prior written permission.
2.6.28 The term 'SmartShopping Preferred Supplier' is used only to signify a close working relationship between SmartShopping and Just Foods, and the two companies do not have any liability for each other's obligations nor are they jointly or severally liable for any legal purposes. 
2.6.29 SmartShopping.co.za  is a trading name of Eamap Consulting & Project Management cc (Eamap). The registered company address for Eamap 11 Debaren Close, Zwaanswyk, 7945. Company registration number: 2003 / 076933 / 23

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