1. ACCEPTANCE OF THESE TERMS
1.1. By accessing and/or using the Website, you agree to be bound by the Terms further detailed herein:
1.1.1.You agree to these terms on the basis that you are over 18 years of age and have the capacity to visit this website and or to legally enter into a binding sales contract;
1.1.2.You agree to provide this website only accurate information at all times;
1.1.3.San Hima South Africa and or its 3rd party suppliers/vendors own all the rights and IP in this site;
1.1.4.Whilst every effort is made to update the information provided on this website on a regular basis, San Hima South Africa makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time;
1.1.5., San Hima South Africa reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.
1.1.6.All our trademarks are the property of San Hima South Africa and you may not use them without the prior written permission of San Hima South Africa. All other trademarks are the respective property of their respective owners;
1.1.7.You may not save, copy, collect, scrape, replicate, digitally or physically reproduce or re-engineer, store, activate or operate on another server, any part of this website or any of the data contained therein, including but not limited to images, without the prior written permission of San Hima South Africa;
1.1.8.You are using this website at your own risk and we make no warranties about it;
1.1.9.You hereby indemnify San Hima South Africa, its shareholders, directors and staff against:
1.1.10. Any liability relating to your use of the website;
1.1.11. You agree that the maximum liability for any and all claims resulting from direct damage related to your use from this website shall be R 100.
1.2. San Hima South Africa may at any time modify any of the Terms and such modification will supersede and replace any previous terms.
1.3. The amended terms will be made available on the Website and each time that You access the Website and/or use the Products or services offered via the Website, you agree to be bound by the Terms, as may be modified from time to time.
1.4. Without detracting from the provisions of your account terms and conditions, these terms constitute the sole record of the agreement between you and San Hima South Africa in relation to your use of this website. No indulgence or extension of time which either you or San Hima South Africa may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
1.5. Per the Consumer Protection Act, San Hima South Africa is not obligated to accept any return and may at its sole discretion approve or refuse returns on a case-by-case basis, with consideration for the following conditions detailed below.
2. GENERAL DISCLOSURES REQUIRED IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002
2.1. Full name: San Hima South Africa (Pty) Ltd
2.2. Physical address: 1 Cycad Heights, Bendor, Polokwane, 0699
2.3. Telephone number: +27 68 606 1829
2.4. Website address: www.sanhima.co.za
2.5. E-mail address: sales1@sanhima.co.za
2.6. Company registration number: 2022/560196/07
2.7. Credit Provider Number: NOT APPLICABLE
2.8. Vat Registration Number: 487 0306 661
2.9. Country of incorporation: South Africa
2.10. Director details: AH du Plessis, TIM van As
2.11. Physical address for receipt of service: 1 Cycad Heights, Bendor, Polokwane, 0699
3. GENERAL TERMS OF SALE
3.1. Introduction
3.1.1.These terms cover any transactions where San Hima South Africa provides goods to you through this website.
3.2. The parties to this agreement:
3.2.1.San Hima South Africa is the vendor under these terms.
3.2.2.You are the customer under these terms.
3.3. Duration:
3.3.1.These terms commence when you accept them and continue until terminated.
3.3.2.Orders: You place orders with us on the following basis:
- You warrant that you have the legal capacity to enter into the transaction;
- San Hima South Africa only concludes an agreement when we dispatch our goods to you;
- San Hima South Africa may cancel any order, but we will refund any money you have paid if we do;
- San Hima South Africa concludes an agreement where you are domiciled;
- and each order is a separate agreement, but you breach all of them if you breach one.
3.3.3.Goods: San Hima South Africa sells the goods to you on the following basis:
- you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
- we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;
- risks related to the goods pass to you on delivery;
- ownership in the goods passes to you on payment of the fees in full;
- and you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law – refer to Section 8 below.
3.3.4.Your data:
- Your data is managed in accordance with our Privacy policy which you can find here
3.3.5.Intellectual property:
- We may own intellectual property rights in our goods and you may not use those rights without our permission.
- We may prosecute you for any violations of our proprietary rights.
3.3.6.Disclaimer:
- San Hima South Africa disclaims all warranties to the extent allowed by applicable law.
- San Hima South Africa are not liable for any defect that you cause.
3.3.7.Fees and payment:
- You will pay us the fees on the due date.
- You may not withhold payment of any amount due to San Hima South Africa for any reason.
3.3.8.Direct damages limited:
- San Hima South Africa is only liable to you for any direct damages or expenses that may result from the use of such goods up to the total amount of fees that you have paid us for such goods and or services.
- San Hima South Africa is not liable to any third parties for any direct damages or expenses that the goods may cause them, whether used with your approval or otherwise.
3.3.9.Indirect or consequential damages excluded:
- San Hima South Africa is not liable for any other losses, damages or expenses, including but not limited to indirect or consequential losses or damages that the goods may cause you or any third party, or that may result from your or any third party’s use of the goods, including but not limited to loss of business, loss of data and/or loss of profits, whether in compliance with the OEM’s operating instructions or otherwise.
3.3.10. Breach:
- Please don't breach your obligations under this agreement. If you do, San Hima South Africa has certain rights against you in terms of the law.
3.3.11. Termination:
- San Hima South Africa may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to terminate, we will give you as much notice as possible in writing.
3.3.12. Resolving disputes:
- San Hima South Africa wants to avoid disputes about this agreement and will attempt to resolve them as quickly as possible. But if there is a dispute, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
3.3.13. Notices and domicile:
- San Hima South Africa wants to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each other’s email addresses and choose their respective street addresses as their service addresses for all legal documents. The parties may change either address on 14 calendar days written notice to the other.
3.3.14. Force majeure:
- Situations or events may occur that prevent either you or us from complying with each of our respective obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
3.3.15. Entire agreement:
- The agreement is the entire agreement between the parties on the subject.
3.3.16. Changes:
- If we change this agreement by updating this web page, any changes will only apply to future orders.
3.3.17. Governing law:
- South African law governs this agreement, notwithstanding the physical address you used as a domicile.
3.3.18. Jurisdiction:
- You consent to the jurisdiction of the Magistrate's Court.
4. PAYMENTS
4.1.1.San Hima South Africa accepts payments via instant EFT, credit card, or debit card.
4.1.2. Debit/Credit card payments:
- We only accept MASTERCARD and VISA credit and debit cards. We will debit the total value of your online order against the payment card tendered by you during the check-out process;
- Payment will be effected on acceptance of your order and prior to delivery;
- By submitting your order, Identity Number and payment card details you warrant that any and all information provided by you is correct, that you are over the age of 18 (eighteen) and that you are fully authorised to make payment with the payment card and that there are sufficient funds available to pay for the order;
- Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases, we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your purchase of the Products will be cancelled.
4.1.3.EFT/Instant EFT payments:
- If payment for the full amount does not reflect in our bank account within 14 days, your order will be cancelled. Payments for orders made via Instant EFT will be processed in the same way that Credit Card orders are processed.
5. DELIVERY POLICY
5.1.1.Delivery costs
- Free shipping may be offered for orders over R1500 only in selected major towns and cities and it excludes large and heavy items over 30 kg.
- Delivery cost dependents on:
5.1.1..1. the delivery option chosen, as well as
5.1.1..2. where delivery is required.
5.1.1..3. A surcharge will be included for deliveries to farms, remote hospitals, power stations and high risk town ships.
- All delivery charges are subject to change without notice.
5.1.2.Delivery address
- We can only deliver products to physical addresses within the borders of the Republic of South Africa. Regrettably, courier deliveries to a PO Box address are not possible.
- We only deliver within business hours, i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address and select an address where someone can sign for the parcel during office hours.
- San Hima South Africa assumes no liability for orders shipped to incomplete or incorrect shipping addresses supplied by you. It is your sole responsibility to ensure that your delivery address is valid and entered correctly.
- In the event that San Hima South Africa needs to cancel your order due to an invalid shipping address being provided, you will be refunded in store credit and will not be entitled to a cash refund.
5.1.3.Deliveries
- Upon receipt of full payment:
5.1.3..1. Deliveries to main centres will be made within 3-5 business days upon acceptance of your order;
5.1.3..2. Deliveries to outlying areas will be made within 4-7 business days upon acceptance of your order.
- Quoted delivery times are a guide only and while San Hima South Africa endeavours to meet the targeted delivery times, from time to time factors beyond our control can result in delayed delivery.
- A unique order number will be communicated to you via email which can be used to track the status of your order.
- Your deliveries will be made through our designated courier company. For information on their Terms and Conditions, refer to their website.
- Once you have indicated your address and you have received confirmation of your order, we regret that no changes to the specified address and/or delivery option will be accepted.
- We reserve the right to contact customers and arrange alternative delivery methods and timelines if their delivery address is remote or to cancel the order if delivery is not feasible.
- If you choose Courier delivery, and nobody is present at the address at the time of delivery, our chosen courier will leave a calling card with their cell phone number on it to indicate that there was an attempted delivery and for you to phone to re-arrange delivery. If you don’t contact our courier, the courier will try once more the following day, where after the parcel will be sent back to their depot where they will attempt to contact you using the telephone number provided in the checkout process. Failing that, the parcel will be sent back to us where we will contact you to discuss potential re-delivery or collection at your own cost.
- In order to safeguard your purchase, the courier will only deliver to the specified address and to you or one of the people indicated on the notes of the order as being authorised to receive your parcel.
- The courier will request proof of identity from the person receiving the parcel if this was indicated in the "notes" field of the order.
- All parcels delivered will be secured in original packaging. Should this be broken or damaged, please contact our customer service centre at sales1@sanhima.co.za.
- The person receiving the parcel will be asked by the courier to sign the waybill indicating that the parcel/carton has been received undamaged and in good condition.
- Proof of ID may be requested to verify authenticity of purchaser.
- In the unlikely event that the parcel/carton is damaged and/or the security seal is broken, then the receiving person can either:
5.1.3..1. Check the parcel in front of the driver and indicate on the courier's waybill (delivery documentation) whether there are any
5.1.3..2. Both parties (the courier and the person receiving) will need to co-sign their names against this indication. If the receiving person chooses to still accept the damaged carton, the waybill will reflect that a damaged parcel was received and accepted with both parties co-signing.
5.1.3..3. breakages, and/or
5.1.3..4. damages and/or
5.1.3..5. items missing.
5.1.3..6. Alternatively, the receiving person can send the parcel back and indicate on the waybill the reasons for sending the parcel back. Both parties will need to co-sign against this indication.
- Kindly refer to our refund policy for further information.
- A delivery is considered complete as soon as the parcel is accepted by you or a nominated individual on your behalf at your specified delivery address. This also applies when the package has been handed over by the courier, as indicated in the courier’s tracking system.
- If a package or packages is refused upon delivery, the customer will be responsible for all shipping charges incurred for the return of the item. Charges will be applied to any refund due to refusal. This policy does not apply to any merchandise that is received defective or damaged.
- San Hima South Africa reserves the right to refuse service, cancel orders and terminate accounts at the company's discretion.
6. OUTRIGHT CANCELLATION
6.1. Conditions:
As a customer of San Hima South Africa you are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitled to cancel, without reason and without penalty, your order for the Products within 7 (seven) days of receipt of the Products on condition that:
6.1.1. You undertake not to use the Products and that the Products have in fact remained unused;
6.1.2. You return the product(s) to our offices unused and unopened still packaged in the same original packaging, which is not opened or damaged in any respect together with the original invoice;
6.1.3. Your agreement of purchase will be deemed to have been cancelled, and
6.1.4. You will be fully liable, in terms of section 44(2) of the ECT Act, for the direct costs of returning the products to our premises, such as courier and/or shipping charges.
6.1.5. If you cancel your order later than 7 (seven) days of receipt of the Products, we reserve the right to debit your payment card for the delivery fees in respect of any late cancellations.
6.1.6.Without limiting the generality of the aforegoing, San Hima South Africa shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.
6.2. How to cancel
6.2.1.If for any reason you would like to cancel an order this may be done by contacting our Customer Care Line at sales1@sanhima.co.za, or +27 68 606 1829. You will only be able to cancel orders up to 17:00 on the day prior to the date of delivery.
6.2.2.You may also return the product in person to our premises at 1 Cycad Heights, Bendor, Polokwane, 0699 at your own cost.
6.3. Your refund
6.3.1.A full refund of the purchase price will be processed within 30 (thirty) days of the date of your cancellation of the order;
7. RETURNS AND EXCHANGES
7.1. Products not eligible for returns or exchanges - The following products are non-refundable/non-returnable:
7.1.1.Any products which are/have been used, installed, and or damaged products;
7.1.2.All Electrical items
7.1.3.Tools
7.1.4.Special-order items or products made to the consumer's specifications;
7.1.5.Clearly personalised products;
7.1.6.Products which by reason of their nature cannot be returned;
7.1.7.Discontinued stock after such stock has been withdrawn, or
7.1.8.Products which are likely to deteriorate or expire rapidly;
7.2. Conditions
At San Hima South Africa, we permit customers to cancel, return and or exchange certain products (refer to point 3.1 above), subject to the terms and conditions of this policy, within 30 (thirty) days from date of purchase of the Products on condition that:
7.2.1.All returns must be in the same condition that you received it in and must be of a satisfactory and resalable condition, and in the same undamaged and original packaging, and together with the original invoice;
7.2.2. You will be fully liable, in terms of section 44(2) of the ECT Act, for the direct costs of returning the products, such as courier and/or shipping charges and or your own expenses if you elect to deliver the item to our premises.
7.2.3.Without limiting the generality of the aforegoing, San Hima South Africa shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be returned or exchanged.
7.3. How to cancel
7.3.1.If for any reason you would like to cancel an order this may be done by contacting our Customer Care Line at sales1@sanhima.co.za, or +27 68 606 1829.
7.3.2.You may also return the product in person to our premises at 1 Cycad Heights, Bendor, Polokwane, 0699 at your own cost.
7.4. Your refund
7.4.1.All items returned are subject to a minimum 15% restocking fee unless:
- The product is defective;
- The product is the incorrect specification and do not reasonably conform to the specifications of the customer’s original order;
- other arrangements were made at the time of purchase
7.4.2.A full refund of the purchase price will be processed within 30 (thirty) days of the date of your cancellation of the order;
8. WARRANTY CLAIMS
8.1. At San Hima South Africa our range of products is (where indicated) covered by the OEM product manufacturer’s warranty and individual warranty policy. We deal with quality brands that we know, through our own experience, manufacture products that can be trusted to work and last.
8.2. Warranty and conditions can vary by brand and product type. Unless otherwise stated, San Hima South Africa offers a 12-month warranty on all products from the date of purchase. The warranty period for commercial use is 3 months.
8.3. San Hima South Africa warrants the original buyer, only when purchased new via San Hima South Africa Online Store, authorized San Hima South Africa resellers and distributors, from date of retail sale and cannot be transferred.
8.4. Conditions:
At San Hima South Africa we permit customers to submit warranty claims on qualifying products, subject to the terms and conditions of this policy, within the allowable period applicable to the specific product from the date of purchase of the Products on condition that:
8.4.1.Where applicable, you duly and timeously registered the warranty together with your contact details in line with the OEM’s instructions (varies by product);
8.4.2.For all warranty claims, the complete product(s) (including all sub-components) must be submitted in the same original packaging, and together with the original invoice;
8.4.3. You will be fully liable, in terms of section 44(2) of the ECT Act, for the direct costs of returning the products, such as courier and/or shipping charges and or your own expenses if you elect to deliver the item to our premises;
8.4.4.Warranty excludes problems caused by normal wear and tear including, but not necessarily limited to scratches, dents, tears, or aesthetic oxidation of surfaces, natural breakdown of colors and materials over extended time and use, non-permissible use, accidents, or unlawful vehicle operation;
8.4.5.Product(s) have not been damaged in transit or by misuse, whether accidentally or due to negligence or abuse, by yourself or any third party,
8.4.6.Products have not been repaired, modified or altered in any way, whether by yourself or any third party not contracted to San Hima South Africa or the OEM;
8.4.7.Product(s) have not been used in any other ways other than in accordance with the OEM’s normal recommended product usage;
8.4.8.Product(s) which have not been installed according to OEM’s instructions;
8.4.9.San Hima South Africa reserves the right to verify and test all products prior to credit or replacement;
8.4.10. Where approved, store credit will be made available up to the value of the original purchase price.
8.4.11. Without limiting the generality of the aforegoing, San Hima South Africa shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you submit a warranty claim in respect of any order.
8.5. How to submit a warranty claim
8.5.1.If for any reason you would like to submit a warranty claim, this may be done by contacting our Customer Care Line at sales1@sanhima.co.za
8.5.2.You may also return the product in person to our premises at 1 Cycad Heights, Bendor, Polokwane, 0699 at your own cost.
