T's and C's

1 INTRODUCTION
www.smacs.co.za (“the Site”) enables registered users to shop online for our international and local design, fashion and culture related products  (“the Products”).
Although visitors to the Site (“Users” or “you”) will be able to browse the Site and Products on offer, with limited access.

2 LEGALLY BINDING CONTRACT
All Users, including Members and those Members who purchase any products on the Site (“Purchasers”) are bound by these terms and conditions (“T&C”) and by browsing or using the Site in any way, you hereby acknowledge that you have read and accepted these T&C.
If you do not agree to these T&C, do not register with or continue to use the Site. Your registration and/or continued use of the Site will constitute acceptance of the T&C, unmodified by you.

3 WHO YOU ARE CONTRACTING WITH
The Site is owned and operated by Smacs.co.za, a registration number 2012/098720/07, a company incorporated in the Republic of South Africa (hereinafter referred to as “smacs.co.za”). More detailed information on smacs.co.za can be found at the end of these T&C.

4 PRODUCTS & AVAILABILITY
Please note that stocks of all Products on offer are limited. Note in particular that certain Products may be offered at heavily discounted prices, in which case they may only be offered for a very short period of time during an online flash sale lasting between 36 to 48 hours (“Flash Sale”).
Smacs.co.za shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should Smacs.co.za be unable to fulfill any Order placed by you at the advertised price due to stock having sold out, Smacs.co.za will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Smacs.co.za Returns Policy

5 PURCHASING PRODUCTS
As a Member, the Site will enable you to place electronic orders (“Order”) for one or more Products offered, for so long as such Products are still available and have not sold out.
A purchase agreement between you and Smacs.co.za (“Purchase”) only comes into effect if you electronically submit a properly completed Order for one or more Products in your shopping basket AND payment is either authorised or received by Smacs.co.za into its bank account, subject to stock of the Product concerned being available.
Products cannot be reserved for later purchase, and placing a Product in your shopping basket without completing the purchase does not constitute an Order for, or a Purchase of such Product. Consequently, prior to actual Purchase, Smacs.co.za may remove any Product from your shopping basket if stock of the Product is no longer available, or if 30 minutes has elapsed, and you cannot hold Smacs.co.za liable if any Product is not available when you attempt to complete the Purchase at a later stage.
Note that should you wish to purchase a Product as a gift for someone else, you should specify the fact that the Product will be a gift where indicated when placing your Order, failing which the Order will be deemed to be for you personally.
The invoice in respect of your Purchase will be available online in the "My Account" section of the Site. 

6 TERMINATION OF PURCHASES & CANCELLATION OF ORDER

6.1 By Smacs.co.za: Smacs.co.za reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any Order and/or to cancel any Purchase, in whole or in part, on notice to you. Smacs.co.za shall only be liable to refund monies already paid by you in respect of the cancelled portion of the Order (see Smacs.co.za ’Returns Policy' in this regard).
By You: You are entitled to cancel any Order/s or Purchase/s as provided for in the Returns Policy

6.2
Please note that all goods bought on the Smacs.co.za website will only be returnable (refer to the Returs Policy) via Smacs.co.za (both through our approved courier partners and at our premises, during working hours). No returns will be accepted, alternations made, manufacturing defaults corrected or exchanges offered at any of the store chains, independent stores, boutique stores or individuals who sell on Smacs.co.za.

7 AMOUNTS PAYABLE BY YOU

7.1 Prices
The price of each Product is displayed with the Product listing. In the event of a sale or special offer, the discounted price is displayed.
However, for Flash Sale Products, two prices are displayed next to each Product listing on the Site as follows:
• Purchase Price: The price which is not crossed out is the price payable by you should you Purchase the Product from Smacs.co.za.
• Recommended Retail price (RRP): The other price denoted by a crossed out line, is the Product supplier’s usual recommended retail price which is there merely as an indication to you of the approximate savings made by purchasing the Product from Smacs.co.za. The depicted RRP has been determined based on the market and other suppliers’ prices, but note that RRP’s may change over several seasons of commercialisation of the relevant Product and RRP’s applicable at the time of the Product’s launch may thus be different to the supplier’s RRP at the time of your Purchase thereof and as such Smacs.co.za makes no warranties or representations whatsoever as to the accuracy of any displayed RRP’s.

7.2 Delivery Charges
In order to ensure You delivery is done on the most economical way relative to where you live and from where the product is delivered, smacs.co.za does not provide free delivery. The pricing of the products delivery charge is depicted under ‘shipping information’. You will in any event be informed of any delivery charges prior to the finalisation of your Order.

7.3 Errors
Smacs.co.za shall take all reasonable efforts to accurately indicate Purchase Prices and delivery charges. However, should Products be erroneously offered at incorrect Purchase Prices and/or delivery charges, Smacs.co.za will not be obliged to sell Products at such incorrect Purchase Prices and/or delivery charges and shall only be liable to refund monies paid should you not wish to proceed with the Purchase at the correct Purchase Price and/or delivery charge.

8 PAYMENT BY CREDIT CARD AND EFT
Purchases may currently be paid for by credit cards or EFT only.
At the time of placing the Order, the transaction details are presented to the bank and an authorization is obtained for the amount of the Order. If such authorisation is not obtained, the Order will be cancelled. If authorisation is obtained, payment is usually immediate.
You warrant that you are fully authorised to use the credit card supplied for purposes of paying for your Order and that this credit card has sufficient available funds to cover all of the costs incurred as a result of using the Services. Orders paid for by EFT will only be processed once the funds are reflected in our account.

9 DELIVERY

9.1 Place of delivery
Smacs.co.za only delivers Products within the Republic of South Africa.
As Purchaser, you will be able to specify the place of delivery within South Africa, and the contact number(s) to be used in relation to the delivery, for each Order when you place such Order.
Products will be delivered to the delivery address specified by you during the Order process and if nobody is at the address when the delivery is made, our courier will contact the mobile number you provided to us in the relevant Order and/or a notice of attempted delivery may be put through the letterbox. Our courier will attempt re-delivery one more time thereafter, but if delivery is again unsuccessful, it will be your responsibility to contact the courier company to either arrange that you collect the package from the courier’s nearest depot or to agree upon a new delivery date with the courier. If you have not contacted the courier within a reasonable time, then the package will be sent back to Smacs.co.za who will contact you via email to arrange a possible re-delivery at your expense. If attempted contact is unsuccessful within a reasonable period of time, Smacs.co.za will merely refund you.

9.2 Delivery time and delays
Each sale and product sold through smacs.co.za has unique shipping information. This could range from free shipping to, made to order. The exact or approximate shipping information in terms of delivery time will be displayed with under ‘shipping information’ for each product, depending on the availability of such information.
Smacs.co.za delivery time is based on delivery to urban areas (cities in South Africa), if you required delivery outside of these areas, please allow longer delivery time. Smacs.co.za may notify you of the dispatch of your Order via email (to the email address we have on record for you), summarising the Products sent and informing you of the tracking number so that you can track it on the relevant service provider’s website.

9.3 Partial Delivery
You will be informed of the partial delivery of an Order by e-mail. A second e-mail will be sent informing you of the delivery of the other Products ordered, if applicable.
In the event of a partial delivery, there will be a delivery note in the package summarising the Products which can be found inside it.

9.4 Delivery Made
Each delivery is deemed to have been made once the Product has been handed over to an individual at your chosen delivery address, including when this is done by the courier, as recorded in the tracking system used by the courier.
It is your responsibility as Purchaser, to ensure that you or your intended gift recipient (if applicable) check the package upon arrival and make any reservations and claims which might appear to be justified, or even to refuse the package, if it is likely to have been opened or if it shows clear traces of damage. The aforesaid reservations and claims must be sent to the courier by registered letter (with acknowledgement of receipt) and a copy must simultaneously be sent to Smacs.co.za.

9.5 Lost Packages
If neither the depot nor the tracking system show any trace of the package, you must then get in touch with Smacs.co.za by way of email to help@smacs.co.za or by contacting us.
If the package is found it will then be sent to the specified delivery address, following the normal procedure as set out in this clause 9 (i.e. delivery of the package or notice of attempted delivery).
If the package is declared to be lost, Smacs.co.za will notify the Purchaser and refund the Purchaser for the lost package (both the Product purchase price and any delivery charges).

10 DEFECTS, REFUNDS & RETURNS
Should you not be satisfied with any Product purchased by you by reason of a defect, incorrect choice of Product, or otherwise, you may, under certain circumstances, be entitled to either be credited, refunded or have the Product repaired or replaced, as the case may be. The Returns Policy regulates your rights in this regard.

11 SALES RECORDS
A full record of every Purchase and related transaction between you and Smacs.co.za shall be maintained on the Site for a period of 12 months following the date of such Purchase or related transaction. You can view and print such record during the 12 month period, where after you are responsible for retaining your own record of the relevant sale or related transaction. After a sale an invoice and a receipt will be emailed to the customer.

12 VOUCHERS & COUPONS
Smacs.co.za may make physical and/or electronic gift vouchers (“Vouchers”) and promotional vouchers/coupons (“Coupons”) available from time to time. Gift Vouchers may be made available for purchase on the Site, while Promotional Coupons may be available through the Site and/or third party websites, magazines and/or other media.

12.1 General
Vouchers and Coupons can only be redeemed while they are valid (their specified expiry dates being unable to be extended), on the Site towards the purchase of Products listed on the Site.

12.2 Gift Vouchers
Physical Gift Vouchers can be purchased and will be delivered in the same way that Products are, while electronic Gift Vouchers, once purchased, will be linked to your Smacs.co.za account.

12.3 Promotional Coupons
Promotional Coupons are issued at Smacs.co.za’s own discretion. Users do not have a right to Promotional Coupons and they cannot be earned.
Promotional Coupons are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Coupon itself –
• a Coupon can only be used with promotional offers on the Site;
• only one Coupon can be used per shopping basket; and
• the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. Please note the following exception in this regard: should the value of the Products in your shopping basket have qualified for ‘Free Delivery’, but after application of the Coupon to such basket, the remaining balance is less than the value required in order to qualify for Free Delivery, delivery costs in respect of such basket will be added and be payable by you
Promotional Coupons cannot be -
• used to purchase other Coupons or Vouchers;
• exchanged for cash; or
• transferred or assigned to any other person.

13 SECURITY
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Smacs.co.za suffers any damage or loss.
You agree and warrant that your log-in name and password shall be used for your personal use only and not be disclosed to any third party.
You allow Smacs.co.za to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.
All credit card transactions on the Site are secured by SSL (Secure Socket Layer) encryption and reinforced through various encryption processes in order to provide the most effective protection possible for all sensitive payment information. Smacs.co.za does not access any confidential information about your means of payment, which is why you will be asked for your banking details each time you place an Order. Only Smacs.co.za’s banking partner from time to time, will access confidential information (such as your card number, validity date etc).
Smacs.co.za’s registration documents and the Site's registered domain name are checked and verified by Thawte.

14 DISCLAIMER
Save for Smacs.co.za being liable to you –
• under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any Products sold by it to you via the Site; and
• under sections 43(5) and 43(6) of the ECT Act in relation to Smacs.co.za’ payment systems not being sufficiently secure, neither Smacs.co.za nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the Services or content provided from and through this Site. Furthermore, Smacs.co.za makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the Service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors by way of email to help@smacs.co.za or by contacting us.
Although the Products sold via the Site may be under warranty, the Site itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Smacs.co.za and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

15 GOVERNING LAW AND JURISDICTION
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C. You and Smacs.co.za submit to the non-exclusive jurisdiction of the South African courts.
Each and every provision of these T&C shall be deemed to be separate and severable from the remaining provisions of these T&C and if any of the provisions is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of these T&C shall be and remain of full force and effect.

16 PRIVACY
Smacs.co.za shall take all reasonable steps to protect your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promo...
Please refer to the Privacy Policy for Smacs.co.za’s full policy terms.

17 CHANGES TO T&C
Smacs.co.za may, in its sole discretion, change these T&C or any part thereof at any time.
If you are a registered Member, Smacs.co.za will notify you of any such changes via email to the email address Smacs.co.za has on record for you. You will then be responsible for reading the revised T&C and ensuring that you are satisfied therewith and if not so satisfied, you are entitled to terminate your registration with Smacs.co.za.
If you are NOT a registered Member, Smacs.co.za will not be able to notify you of any changes to these T&C and it will be your responsibility to visit the Site to see whether the T&C have been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from using the Site in any way.

18 DISPUTES
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Smacs.co.za on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Smacs.co.za, then such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.

19 ADDRESS FOR NOTICES
Smacs.co.za chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 
P O Box 478
Glenvista
2058

20 TERM AND TERMINATION
These T&C shall commence from the date on which they are published on the Site and continue indefinitely, as amended by Smacs.co.za from time to time (as described above), for so long as the Site exists and is operational, Smacs.co.za being entitled to terminate these T&C and/or shut down the Site at any time subject to still processing any Purchases then already made.
If you fail to comply with your obligations under these T&C, including any incident involving the payment of the price of an Order, and you fail to remedy such failure within 5 Business Days days of notice by Smacs.co.za to do so, this may (in the sole discretion of Smacs.co.za) lead to suspension of your access to the Service, or even the closing of your account and access to the Site, according to the degree of seriousness of the action in question, without prejudice to any damages which Smacs.co.za might seek.

21 COPYRIGHT & OTHER INTELLECTUAL PROPERTY
Any and all copyright subsisting in the Site, including these T&C, vests in Smacs.co.za and all rights not expressly granted are reserved.
You may only download, view and print content from this Site for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Site please email us at help@smacs.co.za or contact us.
Smacs.co.za cannot screen or edit all the content available from the Site and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Smacs.co.za of any content that may be offensive or illegal.
All the content, trademarks and data on this Site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Smacs.co.za and as such are protected from infringement by local and international legislation and treaties.

22 ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to Smacs.co.za, you consent to receiving communications from Smacs.co.za electronically.

23 HYPERLINKS, FRAMING, SPIDERS AND CRAWLERS
Such permission could be obtained by contacting us by email at help@Smacs.co.za or by contacting us.

24 Smacs.co.za CORPORATE INFORMATION
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
Smacs.co.za information is as follows:
Full name: The Smacs Initiative (Pty) Ltd trading as Smacs.co.za, registered in South Africa, registration number 2012/098720/07
Main business: online and bricks and mortar retailer, homeware, furniture, design and accessories products.
Address for receipt of legal service:
Representative’s address:
P O Box 3665
Randburg
2125
Webmaster: help@smacs.co.za
Site: www.smacs.co.za
Official email address: help@smacs.co.za

Smacs.co.za Promotional Offers: Terms of Promotional Code Usage
The use of The Smacs.co.za Launch Promotional Discount Code (hereafter 'the discount code") has its usage restricted to the following non-negotiable Terms of Usage:
1. The discount code has a single usage per customer, this is not restricted to the first purchase but a single Cart of purchases including all applicable taxes (VAT) and the costs of the user's chosen method of delivery.
2. The discount code is only usable on Smacs.co.za (www.smacs.co.za)
3. The discount code it is not redeemable for cash or store credit and is not transferable as legal tender or as a discount voucher.
4. The discount code has an expiration date and time. 
5. The value of the discount code is limited.
6. Smacs.co.za reserves the right to retract this discount code at any time, without exception.
7. No minimum purchase value is required; however the redemption of the discount voucher is dependent on the completion of a valid order via the Smacs.co.za website.
8. The Terms and Conditions of Smacs.co.za, apply through the duration of the promotion.

If you reaaaally still need more info!
help@smacs.co.za