64 HELEN JOSPEH STREET JOHANNESBURG

2001

1.

This website, accessed at www.trimin.co.za (and/or related mobi-sites and/or software applications) (“Website”), is owned and operated by Minro (pty ) ptd T/A Trimin

 

2.

The terms and conditions as set out herein govern the use of this Website as well as the sale of Goods via this Website, including ordering processes, payment, delivery and any refunds in relation to such Goods (“Terms and Conditions”).

 

3.

The Terms and Conditions are binding on and enforceable against every person accessing or using this Website for any reason (“User/s”).

 

 

4.

The Website on an “as is” basis and it makes no warranty in relation to the use, availability or performance of this Website. Users acknowledge that the Website may be unavailable from time to time, with or without prior notice to Users.

 

 

5.

Minro (pty) ltd  (including its owners, directors, employees, suppliers, internet service providers, partners, affiliates, agents and/or representatives) shall not be liable for any damage, loss or liability of any nature incurred by accessing this Website, including but not limited to, access to or the inability to access any other websites linked to the Website; or loss or damage arising from content available on the Website.

 

 

 

 

 

 

 

 

 

 

6.

These terms apply to Users who are consumers as contemplated in the Consumer Protection Act 68 of 2008 of South Africa (“CPA”). In terms of the CPA, certain provisions within these Terms and Conditions appear in bold font, and are specifically drawn to your attention as important provisions that must be noted by the User and that:

6.1

may limit Trimin risk or liability; and/or

 

 

6.2

may create risk or liability for the User; and/or

 

 

6.3

impose an obligation on the User to indemnify Trimin or any other person for any reason; and/or

 

 

6.4

constitutes an acknowledgement of any fact by the User.

 

 

 

 

7.

By using the Website you warrant that you are 18 (eighteen) years of age or older and/or have full legal capacity to transact.

 

8.

If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only under the supervision, and with the consent, of your legal guardian.

 

9.

The User understands and agrees that the information, including personal information as envisaged by the Protection of Personal Information Act, 2013, provided in order to register on this Website may be used and/or processed by Trimin for marketing and ancillary purposes, for risk and analytical evaluation and scoring and for the general purposes of the Trimin business.

 

10.

The legal guardian of any person/s using this Website under supervision gives his/her consent and agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions. Where transactions are performed under such supervision, any reference in these Terms and Conditions to a User, “you”/ “your” shall be references to such legal guardian as the transacting party under these Terms and Conditions.

 

11.

The following provisions are important to note, to ensure the security of your information and transactions on this Website:

 

11.1

your identity number and credit card details are not stored on this Website;

 

 

11.2

security protocols will have to be followed where your username/password has been forgotten;

 

 

11.3

your username and password are for your personal use only and shall not be disclosed to any third party.

 

 

12.

You agree that once the correct username and password relating to your account have been entered on the Website, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment in respect of any order for Goods (“Order”) processed on the Website.

 

 

 

 

 

13.

You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or the incitement of violence or is otherwise unlawful.

 

 

14.

You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised representative of Trimin.

 

 

15.

Trimin may, in its absolute discretion, accept or reject any Order/s placed via the Website.

 

 

16.

Regardless of any communication from Trimin stating that your Order and/or payment has been confirmed, an agreement of sale between you and Trimin is only concluded at the time of delivery of the Goods to you (the “Sale”).

 

17.

If an Order is cancelled for any reason, Trimin will indicate such cancellation, as soon as possible thereafter, by refunding to your bank account or crediting your Trimin account (depending on your initial method of tender) for any amount already paid.

 

18.

After delivery of the Goods, you may cancel the Sale only in accordance with the Trimin Returns Policy.

 

 

19.

Placing Goods in a shopping bag without completing the purchase transaction does not constitute an order for such Goods, and as such, Goods may be removed from the shopping bag if stock is no longer available, or otherwise at Trimin’ discretion. Trimin shall not be liable if such Goods are not available when you complete or attempt to complete the purchase transaction at a later stage.

 

 

20.

You acknowledge that stock of all Goods on offer is limited. We cannot guarantee the availability of stock. When Goods are no longer available after placing an order you will be entitled to a refund of the amount paid by you for such Goods.

 

21.

Payment

21.1

This Website employs secure online payment facilities. All transactions are encrypted using appropriate encryption technology, and Trimin utilises 3D secure.

21.2

Payment can be made for Goods via:

 

21.2.1

Credit cards: 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 the appropriate authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

21.2.2

Debit cards: provided that such card has a CCV security code and the same principles applicable to credit cards shall apply;

 

 

21.3

Trimin will not accept your order if payment has not been received;

 

 

21.4

Your sales invoice will be provided to you via email, together with your order confirmation.

 

 

21.5

Once you have selected your payment method and subject to the acceptance of these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

 

 

22.

Delivery of Goods

22.1

Trimin offers the following methods of delivery for the Goods:

 

30.1.1

via courier to an address in the Republic of South Africa of your choice. Courier charges will be added to your purchase at the time of Order;

 

 

22.2

If collecting in store, the relevant order confirmation email (sent to the email address provided by you) must be presented in order to collect your purchase.

 

 

22.3

If the Goods are to be delivered via courier, you warrant and confirm that the delivery address provided at the time the Order is placed is correct. You undertake to receive the goods personally or will, at your own risk, appoint a third party to accept delivery on your behalf. Trimin will not accept any responsibility in the event that the person who accepts the Order at the address provided by you is not authorised to do so.

 

 

22.4

Where it accepts your order, Trimin will deliver the Goods to you within 5-7 working days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. There are no deliveries on weekends or South African public holidays.

 

 

 

 

 

23.

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, 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 Trimin Returns Policy.

 

24.

General rules:

24.1

you may only sign up on the Website using one email address belonging to yourself. You may not create fictional profiles, email addresses or accounts, or otherwise abuse the system;

 

 

24.2

you may not sign for a Trimin account on behalf of your friends or family, nor may you sign up using your friends’ or family email addresses. Each User who signs up as a member must sign up as him or herself with full knowledge that he/she is creating an account;

 

 

24.3

you may not use someone else’s Trimin account in order to purchase Goods for yourself from the Website; and

 

 

24.4

without prejudice to any other remedies it may have, Trimin reserves the right to suspend or terminate your account if you are suspected of breaching these Terms and Conditions.

 

 

24.5

from time to time Trimin will run promotions on the Website. These promotions will either be on selected products or on all products on the Website. These promotions may or may not be available in Trimin store. For each promotion there will be specific terms and conditions. Promotions may require the customer to apply the stated promo-code to their shopping bag during the check-out process.

 

 

24.6

Promo-code discounts, even if site wide, will only apply to physical product. No promo-code discount will be applied to gift vouchers/cards.

 

 

25.

Changes and amendments

Trimin reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice and without offering any reasons:

 

 

 

34.1

amend these Terms and Conditions;

 

 

34.2

amend the content available on the Website;

 

 

34.3

discontinue any particular part or aspect of the Website; and/or

 

 

34.4

change the software and hardware required to access and use the Website;

 

 

34.5

close or upgrade the Website.

 

 

35.

DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002

Trimin reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice and without offering any reasons: