Terms of service

1. DEFINITIONS AND INTERPRETATION

1.1. Why am I here?

1.2. Firstly in order to understand the workings of the website you need to understand what you actually agree to when seeking to purchase some of our products on offer, from the outset you consent to us utilizing your personal information for the purpose of making the product and website better and more appealing to the general public.

1.3. To understand this a thorough understanding of the and definitions and interpretation of the legal stuff should be known to you, in that regard please understand the following:

1.3.1. Company: Maluti Green Med Distribution Pty ltd T/A Cannabis Africa;
1.3.2. Conditions: these Terms and Conditions of sale between the Company and the Customer, for the sale of all product advertised via this online platform;
1.3.3. Comments: includes user comments, feedback, and other submissions provided by the Customer in relation to the Website and/or its Products.
1.3.4. Customer: the person, firm, or company who purchases the Product from the Company through this online platform;
1.3.5. Online platform: www.cannabis-africa.co.za
1.3.6. Order: Purchase Order from the online platform which results in a sale and delivery of product through the transfer of currency.
1.3.7. Personal information: as defined in the Protection of Personal Information Act 4 of 2013
1.3.8. Product: any product sold by the Company to the Customer from the online platform;
1.3.9. Third-party links: such third-party website and/or links to websites, owned and operated by an independent party over which the Company has no control.
1.3.10. Working day: any day other than a Saturday, Sunday, a public holiday in the Republic of South Africa;

1.4. any definition, wherever it appears in these terms and conditions, shall bear the same meaning and apply throughout the terms and conditions unless otherwise stated alternatively in circumstances where they may be inconsistent within the context in which it appears;

1.5. Any reference to “parties” means the parties to the Conditions and “party” shall be construed accordingly as the company and the customer.

1.6. Words in the singular include the plural and in the plural, include the singular.

1.7. “Rand” or “R” means South African Rand, the lawful currency of the Republic of South Africa;

1.8. A reference to one gender includes a reference to the other gender.

1.9. Now that you’ve taken the time to read the legal jargon and understand it to the best of your ability, we wish to take the time to explain to you what this all means.

2. APPLICATION OF TERMS

2.1. These conditions as described to you below are the only conditions applicable and should be read as such.

2.2. No additional terms or conditions referred within the Customer’s order shall form part of this Agreement, simply as a result of such document being included in the order, the set of conditions will regulate our relationship going forward.

2.3. These Conditions apply to the sale of all Products by the Company and regulate the use of the Customer of the Company’s Website.

2.4. You as the Customer acknowledges that you have not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Conditions or appearing on the online platform.

2.5. Each order for Product by you as the Customer from the Company shall be deemed to be an agreement by the Customer to purchase such Product subject to these Conditions.

2.6. Any order which does not have a valid purchase order number generated from the online platform, billed to your address for shipping shall not be accepted by the Company, so please make sure to complete all billing and delivery information to ensure that your product is placed successfully.

2.7. No order placed by you as the Customer shall be accepted by the Company unless the order is completed and funds have been processed on the online platform, this is an obligation on us as the Company to make sure that payment for the Product has occurred.

2.8. You as the Customer understand that the Company needs to have certain assurances from yourself and in that respect you warrant and expressly consent to the fact that:

2.8.1. the customer is 18 years or older;
2.8.2. he/she/it is properly authorised to purchase the Product;
2.8.3. he/she/it will provide the Company upon request with a valid authorisation to purchase the Product;
2.8.4. all Comments provided shall be utilised by the Company to interpret and increase ad presence and awareness of the Company.
2.8.5. All Personal Information as provided by the Customer is agreed to be utilised for the purpose of email marketing and re-engagement to the absolute discretion of the Company.

2.9. No order placed by the Customer which has been accepted by the Company pursuant to Condition being paragraph 2.5 may be canceled, varied, or deferred by the Customer, (in whole or in part) except with the agreement in writing of the Company and subject to the payment of any corresponding costs incurred by the Company, in overview once you as the Customer purchases an item it is deemed to be bought unless returned.

3. DESCRIPTION

3.1. This describes the identification and markings of the product and includes the quantity and description of the Product which will be provided to you on the online platform and once again confirmed in the order basket before checkout. thereafter payment will follow to complete the sale.

3.2. The Company may effect minor modifications to the specification of the Product (including their packaging) without the Customer’s approval in order to comply with any applicable safety or statutory requirements or to effect enhancements to the Product.

3.3. Subject to the provisions of Condition in paragraph 10.1, the Customer shall be solely responsible for ensuring the suitability of any Product for any specific purpose, so please purchase the product specific to your ailment and all need at the time.

4. DELIVERY

4.1. Unless otherwise agreed in writing by the Company, delivery of the Product shall take effect upon dispatch of the Product to the Customer, this refers to when the package is physically sent from the Company to you as the Customer.

4.2. Any dates specified by the Company for delivery of the Product are intended to be an estimate and time for delivery shall be made subject to contractual obligations with 3rd party courier services, so please do bear with us in terms of delivery.

4.3. The Customer must examine the Product upon delivery and within 3 working days thereafter notify the Company in writing of any defects. Failing which the Customer will be deemed to have examined and accepted the Product, though the transaction at all material times shall remain regulated by the Consumer Protection Act 68 of 2008, as a result, we ask all our Customers to thoroughly check all packages upon receipt thereof to make sure that there’s been no damage in the delivery process to the packaging.

4.4. If for any reason the Customer fails to take or accept delivery of any or all of the Product, or the Company is unable to deliver the Product on time because the Customer has not provided appropriate delivery credentials:

4.4.1. risk in the Product shall pass to the Customer; and
4.4.2. the Company may store the Product until delivery, whereupon the Customer shall be liable for all related costs and expenses (including storage, additional delivery charges, and insurance)

4.5. The Company may deliver the Product in separate installments. Each separate installment shall be invoiced and paid for in accordance with the provisions of the Contract and shall be in line with this paragraph 4.

4.6. Sometimes there is no easy way of saying this, but please make sure that delivery addresses are correct and that there are individuals and/or yourself readily available to take delivery at the address that you have requested the product to be delivered to, this is a specific promise you make to us and we thank you.

5. NON-DELIVERY

5.1. No claim for non-delivery of the Product shall be entertained unless the Company receives written notice of the non-delivery within 5 days from the time that the Product would ordinarily have been received as indicated on the online platform, in which event the Company’s liability shall be limited to replacing the Product within a reasonable time, or issuing a credit note.

5.2. In other words, you have 5 FIVE DAYS to let us know.

6. RISK AND TITLE

6.1. Risk of damage to or loss of the Product shall pass to the Customer upon delivery.

6.2. In addition, no Product will pass to the Customer until the Company has received in full payment due and owing by the Customer, together with the associated invoiced delivery charges as indicated on the online platform.

6.3. Until title passes to the Customer, the Company may at any time require the Customer to return the Product. If the Customer fails to do so promptly, the Company may enter upon any premises where the Product is stored in order to recover the Product.

6.4. Any costs, charges, and expenses incurred by the Company in so recovering the Product (including legal fees) shall be payable by the Customer, in other words, we strongly suggest that Customers make payment in full for the Product delivered so that we don’t have to resort to any legal action.

7. PRICE

7.1. The price for the Product shall be the price stated on the online platform, at the time of receipt of the Customer’s order.

7.2. Unless otherwise agreed in writing by the Company, prices shall be exclusive of Value Added Tax (VAT) which will be charged at the rate applicable at the date of delivery of the Product.

7.3. Prices in relation to Product are subject to change without notice and the Company reserves the right at any time to modify or discontinue any Product offering without notice at any time.

7.4. The Company shall not be liable as to price changes, suspension, or discontinuance of Product(s).

8. PAYMENT

8.1. The Company shall be entitled to invoice the Customer for the price of the Product and delivery prior to dispatch from the online platform upon acceptance of the Customer’s order and confirmation of such placement through the online platform.

8.2. Payment is due on confirmation of the order on the date of invoice, where a payment gate shall be prompted of the online platform.

8.3. No payment shall be deemed to have been received until the Company has received cleared funds. If a Customer’s EFT payment is returned unpaid to the Company, the Customer shall reimburse the Company together with any, and all bank charges incurred by the Company.

8.4. The Customer shall make all payments due under the Conditions in full without any deduction or set-off.

8.5. Any failure by the Customer to pay the Company by the due date shall entitle the Company, without limiting any other remedy available to the Company:

8.5.1. to charge interest at the rate prescribed by the Prescribed Rate of Interest Act, No 55 of 1975 (8.75% as of 1 May 2020);
8.5.2. to charge the Customer for any costs incurred by the Company in the course of collecting outstanding monies due to the Company from the Customer;
8.5.3. to set off any amount owed by the Company to the Customer against any amount owed by the Customer to the Company on any account whatsoever;
8.5.4. to immediately suspend or cancel the further delivery of any Product supplied by the Company;

8.6. All payments payable to the Company under these conditions shall become due immediately on its termination despite any other provision.

8.7. But in general terms, all Customers will be prompted for payment before the dispatch of any Product of the website and the Company will at all times seek to maintain that prompt payment has been made before the Product is dispatched.

9. WARRANTIES

9.1. The Company warrants that upon delivery the Product it shall be of satisfactory quality within the meaning as provided by South African Health Products Regulatory Authority (SAHPRA) and the Medicines and Related Substances Control Amendment Act 19 of 1976 read together with The South African National Consumer Protection Act (CPA) in that such care in relation to the Products’ standards shall conform to the applicable warranties provided by Company. In the event that such Product(s) be deemed unsatisfactory by such commission and or oversight committee, the Company shall replace the Product; or issue a credit note for the Product at the discretion of the Company.

9.2. Save for the above legal undertaking the Company shall bear no responsibility towards the Customer as to any and all Third-party links that the Customer may make through the use of the Website, to and from such Third Party Website(s) and all such actions will be at the Customers own risk.

9.3. Any use of the Third Party Websites will be subject to any information the Customer provides and will be governed by the terms of the Third-Party Website, including those relating to confidentiality, data privacy, and security, the Company providing no warranties for such security in relation to such Third-Party Websites.

10. LIMITATION OF LIABILITY

10.1. Other than as provided in Condition 9 above all conditions, warranties and liabilities whatsoever whether express or implied, statutory or otherwise, are hereby expressly excluded and the Company shall be under no liability whatsoever for any loss or damage of whatsoever kind, howsoever caused or arising, including any direct, indirect or consequential loss or damage, lost profits, loss of use or other economic loss, provided that nothing herein contained shall be construed so as to exclude or limit the liability of the Company:

10.1.1. for death or personal injury caused by the Company’s negligence;
10.1.2. for any matter for which it would be illegal for the Company to exclude (or limit) or attempt to exclude (or limit) its liability; or
10.1.3. for fraud or fraudulent misrepresentation.

10.2. The Company’s total liability in terms of the Conditions including negligence or breach of statutory duty, misrepresentation, restitution, or otherwise, arising in connection with the performance of the Conditions shall be limited to the online platform sale price.

10.3. The provisions of this Condition 10 which exclude or limit the liability of the Company shall also be deemed to exclude or limit the liability of the Company’s directors, employees, agents and subcontractors.

11. INDEMNITY

11.1. The Customer shall hold the Company harmless and keep the Company fully and promptly indemnified against all direct, indirect, or consequential liabilities to the extent that any such liabilities arising directly or indirectly from the Customer’s fraud, negligence, failure to perform, or delay in the performance of any of its obligations under the Agreement.

12. ASSIGNMENT/SUBCONTRACTING

12.1. The Company may assign the Conditions or any part of it to any person, firm, or company as a sub-contractor for proper performance hereof.

13. FORCE MAJEURE

13.1. The Company reserves the right to defer, reduce or cancel the delivery of Product ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in conducting its business due to circumstances beyond its reasonable control, including Acts of God, governmental, or local authority actions, acts, restrictions, regulations, by-laws, prohibitions or measures of any kind, war, sabotage, insurrection, civil disturbance or requisition or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, accident, import or export regulations or embargoes, restraints or delays affecting carriers or any inability or delay in obtaining a supply of adequate or suitable materials within the Republic of South Africa or within any country which may affect the ability of the Company to supply such Products.

14. GENERAL

14.1. The formation, existence, construction, performance, validity and all aspects of the Conditions shall be governed by South Africa Law and the parties submit to the exclusive jurisdiction of the South Gauteng High Court.

15. RETURN OF PRODUCT

15.1. In the event that the Customer requests to return the Product and in the event that the Product(s) are not defective, the Company shall be under no obligation to accept the return unless the reason for the return is an error on the Company’s part.

15.2. For the avoidance of doubt, unless defective, the returns of Product as detailed in these Conditions must be unused, undamaged, and in the original undamaged packaging.

15.3. All Products are individually assessed before being authorised for return and the Company does so at its sole discretion.