Terms and Conditions

Last Updated: 16/09/2024

Welcome to Smiths Buy & Sell (“we”, “our”, “us”). These Terms and Conditions (“Terms”) govern your use of our website https://smithsbuyandsell.co.za (“Website”) and the sale of used goods, primarily furniture, through our Website. By using our Website and purchasing from us, you agree to these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing and using our Website, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Website or purchase from us.

2. Modification of Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our Website. Your continued use of our Website constitutes your acceptance of the modified Terms.

3. Eligibility

To purchase goods from our Website, you must:

  • Be at least 18 years old.
  • Provide a valid South African ID document.
  • Provide accurate and complete personal information.

4. Product Listings

  • Condition of Goods: All products listed on our Website are used and sold “as-is”. We make every effort to accurately describe the condition of the goods. However, minor imperfections are to be expected with used items.
  • Pricing: Prices are listed in South African Rand (ZAR) and are subject to change without notice.

5. Purchasing Process

  • Order Confirmation: Once you place an order, you will receive an email confirming receipt of your order. This does not constitute acceptance of your order.
  • ID Verification: Before finalising your purchase, you will be required to provide a valid South African ID document for verification purposes.
  • Payment: Payment must be made in full before the goods are dispatched. We accept various payment methods, including credit/debit cards and bank transfers.

6. Delivery and Collection

  • Delivery: Delivery options and costs will be provided at checkout. Delivery times may vary based on your location.
  • Collection: For certain items, you may be required to collect the goods from our premises. Details will be provided upon purchase.
  • Acceptance of Delivery: Upon delivery or collection, you should inspect the goods immediately. Any issues or discrepancies should be reported to us within 24 hours. Once you have inspected and accepted the goods, you acknowledge that they conform to the description provided and that no further claims will be entertained regarding the condition of the goods.

7. Returns and Refunds

  • Returns: Due to the nature of used goods, we do not accept returns unless the item is not as described or is defective. Any return requests must be made within 7 days of receiving the item.
  • Refunds: Refunds will be processed according to our Returns Policy. If a refund is approved, it will be issued to the original payment method.

8. Warranties and Disclaimers

  • Warranties: All used goods are sold without warranty. We do not guarantee the condition, durability, or functionality of any used item.
  • Disclaimers: Our Website and goods are provided on an “as-is” basis. We disclaim all warranties, express or implied, to the fullest extent permitted by law.

9. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, or consequential damages arising from your use of our Website or purchase of our goods.

10. Privacy and Security

  • Privacy: Your use of our Website and purchase of goods is subject to our Privacy Policy. We are committed to protecting your personal information and handling it in accordance with applicable data protection laws.
  • Security: We use reasonable security measures to protect your personal information and payment details. This includes encryption and secure payment gateways.

11. Intellectual Property

All content on our Website, including text, graphics, logos, and images, is owned by or licensed to us and protected by intellectual property laws. You may not use or reproduce any content without our prior written consent.

12. Cookies and Tracking

We use cookies and other tracking technologies to improve your experience on our Website. By using our Website, you consent to the use of cookies in accordance with our Cookie Policy.

13. User Responsibilities

You agree to provide accurate information when using our Website and to safeguard your account details. You are responsible for any activities that occur under your account.

14. Dispute Resolution

Any disputes arising from these Terms or your use of our Website will be resolved through negotiation. If a resolution cannot be reached, disputes will be subject to the exclusive jurisdiction of the South African courts.

15. Force Majeure

We will not be held liable for any failure to perform our obligations due to events beyond our control, including but not limited to natural disasters, war, terrorism, strikes, or internet outages.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of South Africa.

17. Contact Us

If you have any questions about these Terms or our services, please contact us at:

18. Third-Party Links and Content

  • Links: Our Website may contain links to third-party websites or resources. We are not responsible for the content, accuracy, or availability of these external sites.
  • Endorsement: The inclusion of any link does not imply endorsement by us. Your use of third-party sites is at your own risk.

19. Customer Reviews and Content

  • Submission: By submitting reviews or content on our Website, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and display such content.
  • Responsibility: You are responsible for ensuring that any content you submit does not violate any laws or infringe on any intellectual property rights.

20. Consumer Rights

  • Consumer Protection: These Terms are in addition to, and do not replace, any rights you may have under South African consumer protection laws. If any provision of these Terms is found to be in conflict with the law, it will be amended to comply with the applicable laws, and the remaining provisions will remain in effect.

21. Feedback and Complaints

  • Feedback: We welcome feedback on our goods and services. Please contact us with any suggestions or comments you may have.
  • Complaints: If you have a complaint, please contact us directly. We will make every effort to resolve your concerns in a fair and timely manner.

22. Severability

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.

23. Entire Agreement

  • Entire Agreement: These Terms, together with any other legal notices or agreements published by us on our Website, constitute the entire agreement between you and us regarding the use of our Website and the sale of goods.

24. Termination

  • Termination: We reserve the right to terminate your access to our Website and services at our discretion, without notice, for any reason, including but not limited to breach of these Terms.

25. Governing Language

  • Governing Language: These Terms are written in English. In the event of any discrepancy between the English version and any translation, the English version will prevail.

26. Ownership of Intellectual Property

  • Ownership: All trademarks, logos, and service marks displayed on our Website are registered and unregistered trademarks of [Your Company Name] or third parties. You may not use any of these without our prior written consent.

27. Compliance with Local Laws

  • Local Laws: It is your responsibility to comply with all applicable local laws and regulations when using our Website and purchasing our goods.

28. Electronic Communication

  • Communication: By using our Website, you consent to receiving electronic communications from us regarding your orders and other matters related to our services. These communications may include emails or notifications through our Website.

 

By using our Website, you acknowledge that you have read, understood, and agree to these Terms and Conditions.