Terms of service

Introduction

These terms and conditions govern the use of the Mswenko Africa website (“Website”, or “Store”) offered by Mswenko Africa (“Mswenko”, “we”, “us”, “our”, or “Company”). By using the Website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website.

Registration and use of the Website

  1. Only registered users may order Goods on the Website.
  2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Mswenko Africa. You will need to use your unique username and password to access the Website to purchase Goods.
  3. You agree and warrant that your username and password shall:
    • be used for personal use only; and
    • not be disclosed by you to any third party.
  4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
  5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
  6. You agree to notify Mswenko Africa immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
  7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. 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 with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person 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.
  8. You agree that you will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
  9.  You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
  10. 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 Company representative.

Conclusion of Sales and availability of stock

  1. Registered users may place orders for Goods, which Mswenko Africa may accept or reject. Whether or not Mswenko Africa accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Mswenko Africa for the Goods.
  2. NOTE: Mswenko Africa will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Mswenko Africa come into effect (the “Sale”). This is regardless of any communication from Mswenko Africa stating that your order or payment has been confirmed. Mswenko Africa will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
  3. Orders may not be cancelled after receipt of payment of the Goods by Mswenko Africa. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.
  4. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold Mswenko Africa liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
  5. You acknowledge that the stock of all Goods on offer is limited. In the case of Goods for sale by Mswenko Africa, Mswenko Africa will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Mswenko Africa will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
Payment
  1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
  2. Payment:
    • Credit card – 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 order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying 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.
    • EFT / Direct Bank Transfer –  Customers selecting the direct bank transfer payment option will receive an email confirmation with bank details for making the payment.
      • Ensure that you transfer the total order amount to the provided bank account within the specified timeframe mentioned in the email.
      • Please use the unique order reference number provided in the confirmation email as the payment reference.
      • Please note that bank transfers may take 1-3 business days to reflect in our account. Your order will be processed once the payment is confirmed.
      • Your order will be considered pending until we receive and confirm the payment. Once confirmed, you will receive a separate email confirming the successful payment and the dispatch of your order.
  3. You may contact us via email at info@mswenko.africa to obtain a full record of your payment. We will also send you email communications about your order and payment.
  4. Once you have selected your payment method and you accept 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.

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 (which are not due to our gross negligence), 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 Returns Policy.

Lay Buy

  1. Eligibility: The Service is only available to customers who are 18 years of age or older and are capable of entering into legally binding contracts.
  2. Order Process: To use the Service, you must select the items you wish to purchase and choose the Lay Buy option at checkout. You will be required to make a deposit of at least 33% or 50% of the total purchase price depending on the payment plan you choose, and the remaining balance will be divided into equal payments over a period of two or 1 month depending on the plan you choose.
  3. Payment Schedule: You will be required to make payments on the agreed schedule. If a payment is missed, we reserve the right to cancel the Lay Buy and retain the funds that you have already paid.
  4. Delivery: Your order will be delivered to you once the final payment has been received. If you fail to make the final payment, we reserve the right to cancel the Lay Buy and retain the funds that you have already paid.
  5. Refunds and Returns: If you wish to return or exchange an item, you must do so within 15 days of receiving the item. All refunds and exchanges are subject to our standard return policy.

Shop Now, Pay Later

Payflex is a third-party payment service that allows you to buy now and pay later in manageable installments. By choosing Payflex at checkout, you agree to their terms and conditions in addition to our own.

Account Creation:
To use Payflex, customers may need to create a Payflex account or log in to their existing one. Your interaction with Payflex is subject to their separate terms and privacy policy.

Payment Schedule:
Payflex offers flexible payment plans, allowing you to split your purchase into equal, interest-free installments. The payment schedule will be provided by Payflex at the time of purchase.

Authorization:
By selecting Payflex, you authorize them to automatically deduct the agreed-upon installment amounts from your chosen payment method at the specified intervals.

Late Payments:
Late payments may result in additional charges or fees imposed by Payflex. It is essential to adhere to the agreed-upon payment schedule to avoid any penalties.

Order Processing:
Your order will be processed and shipped in accordance with our standard procedures once Payflex confirms the successful processing of your payment.

Refunds and Returns:
Refunds for returned items will be processed through Payflex in accordance with their refund policy. Please refer to Payflex for details on how refunds are handled.

Communication:
Any communication related to your Payflex account, payment schedule, or concerns should be directed to Payflex’s customer support.

Credit Check:
Payflex may perform credit checks as part of their approval process. Approval for the buy now, pay later option is at the discretion of Payflex based on their assessment.

Default and Collections:
Failure to make payments as per the agreed schedule may result in default. Payflex may take necessary actions, including engaging collection agencies, to recover outstanding amounts.

Payflex Support:
For any issues or inquiries related to the Payflex payment option, please contact Payflex customer support directly.

Changes to Terms:
Terms and conditions for the Payflex payment option may be subject to change by Payflex. It is your responsibility to review and understand these terms regularly.

We reserve the right to make changes to these terms and conditions at any time. Your continued use of the Website following any changes indicates your acceptance of the new terms.

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the Republic of South Africa in which Mswenko Africa is based.

If you have any questions or concerns about these terms and conditions or the Service, please contact us at info@mswenko.africa

Updated on: 02 January 2024