Kimmeg Global Terms and Conditions
- Introduction
This website can be accessed at www.kimmeg.co.za, related mobile-sites and software applications (the “Website”) and is owned and operated by Kimmeg Global (Proprietary) Limited (“Kimmeg”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, and delivery of Goods and the website’s use.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for an extensive range of goods including groceries, books, butchery and kitchenware, electronics, health and beauty products, and more (“Goods”).
Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of Kimmeg or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Kimmeg or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Kimmeg to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Kimmeg in terms of the CPA.
- Kimmeg permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
- Products, price and availability
- Pricing is in South African Rands and is inclusive of Value-Added-Tax (“VAT”). The agreement is governed by the laws of the Republic of South Africa.
- Pricing is subject to price changes.
- We will make all efforts to ensure pricing is correct, but we will not be obliged to sell products displaying incorrect prices.
- If quotes are requested this will be valid for 7 days.
- Once a payment is paid you have accepted the order and payment terms/commitments.
- If we are unable to fulfill an order due to whatever reason you will be notified and be entitled to a refund of the amount and we will not be liable for any damage incurred due to our inability to provide the products ordered.
- Payment method:
- Payments may be made via cash, EFT, Credit card or any other recognized payment method.
- When placing an order, the transaction details are presented to the bank for authorization.
- If bank’s authorization is not obtained, the order will be cancelled. We will not be held liable for any delays in payment confirmation from the financial institutions.
- Delivery
- We will always do our best to offer same day deliveries in Bulawayo Only, for which the cut off is 12pm on the trading day of purchase.
- Delivery will only take place once the full amount owing has been paid and it reflects in the Kimmeg Global (Pty) Ltd. bank account.
- If we have a delivery backlog please expect delays as we clear the backlog, this may be up to 5 working days.
- Deliveries outside Bulawayo may take up to 7 working days.
- Goods must be inspected by the customer for defects and errors and errors or defects must be reported to us within 5 days after delivery.
- Kimmeg will store purchased groceries for up to 7 days. Any groceries reserved for later delivery will be charged a storage fee of 5% of the invoice value of the order.
- Refund Policy
- Refunds will be at the discretion of Kimmeg, based on condition of the returned goods and the merit of each refund request.
- Amounts to be refunded will take place between 7 and 14 days after the goods has been returned and the refund claim form has been completed.
- No refunds on special or customized orders will be allowed.
- Errors
- 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.
- Card acquiring and security
- Card transactions will be acquired for Kimmeg via PayFast (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks.
- PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy.
- Customer details separate from card details
- Customer details will be stored by Kimmeg separately from card details which are entered by the client on PayFast’s secure site. For more detail on PayFast refer to www.payfast.co.za.
- Coupons
Coupons are issued at Kimmeg’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorized manner). Users do not have a right to Coupons, and Coupons cannot be earned. 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:
- each Coupon can only be used once;
- only one Coupon can be used per order;
- only one Coupon can be used on the Website per person per promotion/campaign;
- Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000;
- where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
- a Coupon must be used at check-out – it cannot be used later on existing orders; 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.
- Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Kimmeg is not responsible for any harm due to the loss, unauthorized use or distribution of a Coupon.
- If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us to confirm if the Coupon is still valid. If Kimmeg confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
- You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Kimmeg, before you are able to use a Coupon.
- Changes to these Terms and Conditions
Kimmeg may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
- Disclaimer
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Kimmeg takes reasonable measures to ensure that the content of the Website is accurate and complete, Kimmeg makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Kimmeg’s representatives, Kimmeg shall not be bound thereby.
- Kimmeg disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
- Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- Any views or statements made or expressed on the Website are not necessarily the views of Kimmeg, its directors, employees and/or agents.
- Limitation of liability
Kimmeg cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Kimmeg, its employees, agents or authorized representatives.
- KIMMEG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
- YOU HEREBY INDEMNIFY KIMMEG AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
- Information
For the purposes of the ECT Act, Kimmeg’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: Kimmeg Global (Pty) Ltd, a private company registered in South Africa with registration number 2021/755171/07
Main business: Online retailer
Physical address for receipt of legal service (also postal and street address): 7 5th Avenue Orange Grove, Johannesburg, South Africa (marked for attention: CEO and Legal)
Office bearers: Christian Shiku, Sipho Ndlovu, Mayibongwe Mlotshwa
Phone number: +27 81 799 7684
Email address: info@kimmeg.co.za
PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
Please contact us at info@kimmeg.co.za with any queries or problems experienced with these terms of service.