Terms & Conditions
SEE SPECIFICALLY CLAUSES 11, 12 AND 15 AS THESE CLAUSES CONTAIN LIMITATIONS ON YOUR RIGHTS AS A CONSUMER.
Last Updated: 11 November 2019
Welcome to Smart Pepper Spray SA™’s website. The information provided on this website is for general informational and educational purposes only. Any reference in this website to "we", "Smart Pepper Spray SA™” or “Smart Pepper Spray” must be understood to refer to Ian Keith Webster as sole proprietor t/a Zabo Holdings.
It is your obligation to peruse the terms and conditions as set out herein below before using this website. By accessing and using this site, you acknowledge that you have read and understood the terms and conditions and that you agree thereto. Kindly exit this website immediately should you not agree with the terms and conditions.
1. DESCRIPTION OF THE PRODUCT SOLD ON THIS WEBSITE
The product marketed and sold on this website is the Plegium® Smart Pepper Spray which is designed in Sweden by Plegium®. See www.plegium.com for more information. It is important to note that Smart Pepper Spray SA™ is the only authorized marketer and distributor of this product in South Africa.
2. DELIVERY POLICY
Smart Pepper Spray SA™ will process all orders, subject to availability and receipt of payment, within 5 (five) business days. However, delivery might take longer depending on courier availability and location where delivery must take place. The costs associated with the delivery of any product purchased on this website will be paid for by Smart Pepper Spray SA™.
3. RESTRICTION ON INTERNATIONAL SALES
Smart Pepper Spray SA™ is only authorized to sell the products on this website within the Republic of South Africa. Only transactions in South Africa and deliveries in South Africa are accordingly allowed when making use of this website.
4. RETURN AND REFUNDS POLICY
4.1 STATUTORY “COOLING-OFF” PERIOD
Customers who qualify as consumers in terms of the Electronic Communications and Transactions Act may qualify for the “cooling-off period”. This means that you may cancel the transaction of purchasing the Plegium® Smart Pepper Spray within 7 days without reason or penalty. Such cancellation must be in writing. You may thus return your new, unused and sealed (the original packaging must be intact) Plegium® Smart Pepper Spray for a full refund of the purchase price. Note that you must be a natural person as well as the end user of the product sold on this website in order to qualify as a “consumer” in terms of the Electronic Communications and Transactions Act.
Goods which were bought in a transaction and which were cancelled in terms of section 44 of the Electronic Communications and Transactions Act must be returned within 10 calendar days of the date of cancellation at your own cost.
4.2 IMPLIED WARRANTY
Damaged or faulty products sold on this website may be returned to us at our risk and cost within 6 (six) months of the date of delivery for either a full refund or replacement product in terms of section 56 of the Consumer Protection Act. It is important to note that this warranty will only apply if the product was used in the intended manner and for the intended purpose. The product should thus not have been abused, altered or damaged in any way in order for this warranty to apply.
It should also be noted that the Plegium® Smart Pepper Spray sold on this website has an expiry date which is 4 (four) years from date of manufacturing (see packaging and product itself for said date). No warranty applies after the expiration date and you should replace the product after such date, irrespective of whether it has been used or not.
5. PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa and MasterCard. Our payment system allows for review, corrections and withdrawal by yourself prior to placing and paying for a final order.
6. CARD ACQUIRING AND SECURITY
Card transactions will be acquired for Smart Pepper Spray SA™ via PayFast (Pty) Ltd (registration number: 2007/011558/07) which is a PCI DSS level 1 service provider. Users may go to www.payfast.co.za to view their security policy.
7. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
Customer details will be stored by Smart Pepper Spray SA™ separately from card details which are entered by the client on PayFast’s secure website.
8. COUNTRY IN WHICH SMART PEPPER SPRAY SA™ IS BASED AND CURRENCY USED IN TRANSACTIONS CONCLUDED VIA THIS WEBSITE
Smart Pepper Spray SA™ is based in the Republic of South Africa and the South African Rand (ZAR) is used as currency in all transactions concluded via this website.
9. GOVERNING LAW
This website is governed by the laws of South Africa.
Smart Pepper Spray SA™ may, in its sole discretion, change this agreement or any part thereof at any time without notice. It is thus important that you refer back to this “Terms and Conditions” page regularly in order to stay abreast of any changes.
11. NO WARRANTIES
Smart Pepper Spray SA™ will use reasonable efforts to include accurate and up-to-date information on this website but makes no warranties or representations of any kind as to its accuracy, currency or completeness. Smart Pepper Spray SA™ also does not make any warranties as to the availability of this website at any time. Kindly note that nothing on this website constitutes, or is meant to constitute, advice of any kind. You should consult an appropriate professional to obtain advice relating to any legal, self-defense, financial or any other subject matter.
12. INDEMNIFICATION AND LIMITATION OF LIABILITY
12.1 INDEMNIFICATION AGAINST THIRD PARTIES
You hereby indemnify Smart Pepper Spray SA™ against any damages suffered by any third party arising for the usage and/or malfunctioning of any product sold on this website. It is important to note here that the Plegium® Smart Pepper Spray is intended for self-defense only and should thus only be used to deter an attacker who threatens your physical safety. Using the Plegium® Smart Pepper Spray for any other purpose is prohibited and may be a criminal offence.
Smart Pepper Spray SA™ and its employees shall not be liable to you (whether under law of contract, law of delict or otherwise) for any damages suffered by you (whether such damages are indirect, special, consequential or otherwise) in relation to the contents of, the usage of, or the inability to use this website. Smart Pepper Spray SA™ also does not accept liability for any damages to, or for any viruses that infect, your computer or mobile equipment as a result of using this website.
Smart Pepper Spray SA™ and its employees will further also not be liable for any damages (whether such damages are indirect, special, consequential or otherwise) suffered as a result of the usage of any product sold on this website.
Both this website and all products sold on it is thus used at your own risk and Smart Pepper Spray SA™ does not accept any liability in this regard.
Kindly note that the Plegium® Smart Pepper Spray must not be exposed, stored or used in conditions where the temperature exceeds 50 degrees Celsius or alternatively in cold below 0 degrees Celsius. Smart Pepper Spray SA™ will not be liable for any damages caused due to the non-adherence to this limitation.
Smart Pepper Spray SA™ shall take all reasonable steps to protect the personal information of users. 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).
14.1 INFORMATION WE COLLECT AND USE
We collect personal information you choose to provide through registrations, applications and surveys, and in connection with your enquiries. We can also collect information about you automatically through your use of this website such as, for example, your IP address.
14.2 HOW WE USE PERSONAL INFORMATION
We may use your personal information to respond to your enquiries and provide the products you request. We also use your information to deliver the content and services we believe you will find the most relevant.
14.3 COOKIES AND OTHER TOOLS
Smart Pepper Spray SA™ and its business partners collect information about you by using cookies, tracking pixels and other technologies (collectively, "Tools"). We use this information to better understand, customize and improve user experience with our website and offerings. If you have provided us with personal information through a registration or a request for certain products, we may associate this personal information with information gathered through the Tools.
Further as part of the Tools, we may use other tracking systems like pixel-tags. Pixel tags, sometimes called web beacons, are similar in function to cookies but because of their insignificant size, they are not visible. However, they are used to pass certain information to our servers which could be used to personalize our website. In addition, we may also use pixel tags in our HTML based emails.
Your web browser can be set to allow you to control whether you will accept cookies, reject cookies, or to notify you each time a cookie is sent to your browser. If your browser is set to reject cookies, websites that are cookie-enabled will not recognize you when you return to the website, and some website functionality may be lost.
15. THIRD PARTY WEB SITES AND LINKS
This website may contain links or references to other websites maintained by third parties over whom Smart Pepper Spray SA™ has no control. Such links are provided merely as a convenience. Similarly, this website may be accessed from third party links over whom Smart Pepper Spray SA™ has no control.
Smart Pepper Spray SA™ makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party link does not imply an endorsement or recommendation by Smart Pepper Spray SA™.
Also, please be aware that the security and privacy policies on these websites may be different than Smart Pepper Spray SA™’s policies, so please read third party privacy and security policies closely.
If you have any questions or concerns about the products and services offered on linked third party websites, please contact the third party directly.
The entire contents of this website are subject to copyright protection. Both Smart Pepper Spray SA™ and Smart Pepper Spray™ are protected by South African copy right and trademark laws, as well as the common law. The contents of this website, including all images, logos and phrases, may not for any reason be copied, reproduced, modified, displayed, republished or otherwise distributed in any medium whatsoever without the express written consent of Smart Pepper Spray SA™.
If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.
18. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and Smart Pepper Spray SA™ in relation to your use of this website and/or the products sold via the website.
19. ADDRESS AND CONTACT DETAILS
Smart Pepper Spray SA™’s physical address is located at 29 Bright Street, Somerset West, Cape Town, which address it also chooses as the address where it will accept service of all legal documents.
Smart Pepper Spray SA™’s postal address is 29 Bright Street, Somerset West, Cape Town, 7130.
Smart Pepper Spray SA™ can be contacted telephonically at 021 852 0025 or 082 889 3395.
20. DISPUTE RESOLUTION AND COMPLAINTS
Smart Pepper Spray SA™ does not currently subscribe to any alternative dispute resolution code.
Any complaints regarding our customer service, the use of this website, or products sold on this website can be emailed to email@example.com.