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TERMS & CONDITIONS – SOUTH AFRICA

1 INTRODUCTION

Hypercheck (Pty) Ltd is a company duly registered within the Republic of South Africa in accordance with the Companies Act 71 of 2008 and adheres to the Consumer Protection Act 68 of 2008 (CPA), the Protection of Personal Information Act 4 of 2013 (POPI) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA) including all amendments and regulations thereto. Hypercheck (Pty) Ltd provides an online web platform for the sale and supply of goods to retail customers.

2 USE OF THE WEBSITE AND ONLINE PLATFORM

Your use, access and interaction with this website or online platform is subject to and governed by the terms and conditions set out below. Should you not agree to any of the terms contained below, you are to immediately cease from using the website or online platform. Your continued usage constitutes acceptance of all the terms and conditions set out below.

3 DEFINITIONS AND INTERPRETATION

In this Agreement, unless the context otherwise requires, the following definitions shall apply:

“Agreement” means this agreement between Hypercheck (Pty) Ltd and the Consumer subject to the terms and conditions set out below

“Business Day” means any day (other than Saturday, Sunday or Public Holidays) on which clearing banks are open for business in South Africa.

“Consumer” means a Consumer in terms of the Consumer Protection Act 68 of 2008.

“The Consumer Protection Act” means the Consumer Protection Act 68 of 2008 (the “CPA”)

“The Protection of Personal Information Act of 2013” means the Protection of Personal Information Act of 2013 (the “POPI”)

“Privacy Policy” means the Privacy Policy available on Hypercheck (Pty) Ltd’s Website or Online Platform which the Consumer assents to.

“Cart” means any and all goods selected by the Consumer or User which once selected form part of the User’s order. The cart serves merely as an online item placeholder for goods prior to the transaction being finalized. Hypercheck (Pty) Ltd reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart may be available for a limited period of 60mins only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and Hypercheck (Pty) Ltd cannot guarantee the availability of items in the user’s shopping cart.

“CheckOut” means any and all goods selected by the Consumer which are then confirmed and accepted by User in completion of the transaction.

“Contract” means the completion of an order and commencement of a legally binding agreement between Hypercheck (Pty) Ltd and the Consumer.

“Order” means a purchase completed or submitted by means of Hypercheck (Pty) Ltd’s Website or Online Platform.

“You/Your” means the Consumer, Retailer or User of the Hypercheck (Pty) Ltd Website or Online Platform including both Consumers and Retailers.

“User” means any natural person who makes use of, transacts on, contracts with, or makes use of the Hypercheck (Pty) Ltd Website or Online Platform including the Consumers.

“Website or Online Platform” means the Hypercheck (Pty) Ltd Website and Online Platform, including its Official Social Media Accounts, Mobile Websites and Mobile Applications.

Where the context permits, words denoting:

(a) persons shall include body corporate and unincorporated associations of persons;

(b) the singular includes the plural and vice versa; and

(c) one gender shall include any gender.

All headings are for ease of use and reference only and shall not affect the interpretation or construction of these terms and conditions in any way.

4 FORMATION OF A LEGALLY BINDING CONTRACT

Hypercheck (Pty) Ltd offers goods or services by means of its Website and Online Platform, which may be purchased by Consumers via electronic or other transaction methods. Upon registering on Hypercheck (Pty) Ltd’s Website or Online Platform, the Consumer may place an order for the purchase of goods, which shall constitute a valid acceptance of the offer and thereby a legally binding Agreement of Sale. The sale shall be completed and in effect once the Consumer has completed and submitted an electronic order via the Website or Online Platform and completed “Check Out” of items available in the User’s “Shopping Cart” Upon completion of the online sale, payment via one of the available transaction options becomes immediately due, owing and payable including any applicable taxes and delivery charges. The Consumer or User of the Website or Online Platform warrants, by use and continued use of Hypercheck (Pty) Ltd’s services that he/she is over the age of 18 and possesses the necessary consent and faculties to transact with Hypercheck (Pty) Ltd.

5 ACCEPTED PAYMENT METHODS

Hypercheck (Pty) Ltd reserves the right to obtain validation of the User’s payment details before delivery of the Goods. Once payment has been made for an order, the Order remains valid as an offer until Hypercheck (Pty) Ltd issues a Confirmation of Order or a notice revoking the Order as the case may be. All goods shall remain the sole property of Hypercheck (Pty) Ltd until payment has been effected in full by the User. Once payment has been effected a valid sale shall have been concluded encompassing an offer by Hypercheck (Pty) Ltd and acceptance by the User. Hypercheck (Pty) Ltd is not responsible for the use of the customers debit and credit cards. Hypercheck (Pty) Ltd offers the following methods of payment in completion of your transaction:

5.1 PAYFAST Payment Method

PayFast is an external payment portal option available to all customers. Where a customer elects to make use of Payfast as a method of payment, he/she understands and accepts that the onus on full payment remains at all times with the customer. Any payment shortfalls or additional charges shall be for that customer’s account.

Hypercheck (Pty) Ltd shall not be liable for discrepancies in payment or additional charges levied in transactions when customers make use of the Payfast platform and service. Hypercheck (Pty) Ltd shall not be liable for improper use on customers credit cards and debit cards. The customer is liable for all payments made with the choice of payment methods.

6 SUPPLY OF GOODS

Hypercheck (Pty) Ltd shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, Hypercheck (Pty) Ltd makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. Hypercheck (Pty) Ltd makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below. While Hypercheck (Pty) Ltd endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. Hypercheck (Pty) Ltd, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date. However, Hypercheck (Pty) Ltd shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise. Goods being collected can be done by proof of order number or email address. Please ensure your order number and order information is kept confidential.

7 QUALITY OF GOODS

Hypercheck (Pty) Ltd shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, Hypercheck (Pty) Ltd makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. Hypercheck (Pty) Ltd makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below. While Hypercheck (Pty) Ltd endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. Hypercheck (Pty) Ltd, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date. However, Hypercheck (Pty) Ltd shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise. Please email help@Hypercheck (Pty) Ltd for more information about ordering from outside of South Africa 
All costs quoted exclude any clearance charges that are required by the client in the country.

8 DELIVERY OF GOODS

Hypercheck (Pty) Ltd currently only delivers within KwaZulu Natal, South African border via the online platform. Hypercheck (Pty) Ltd shall endeavour to have all orders delivered within 2 working days of the order being placed. However, the delivery time may vary depending on external factors beyond Hypercheck (Pty) Ltd’s control. Hypercheck (Pty) Ltd shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. While Hypercheck (Pty) Ltd endeavours at all times to adhere to previously stated delivery times and schedules of 2 working days, during promotions and special sale events delivery times and schedules may be varied due to the influx of customer orders. During such promotions and promotional events, delivery of goods shall be 3 to 5 working days from date of confirmation of order but may be delivered before such time. Deliveries may be delayed due to force majeure, logistical, promotional and other considerations. Where stock is sold out due to the above factors, Hypercheck (Pty) Ltd shall endeavour to assist customers by offering similar goods or products or store credit or refund in lieu of such shortages. Risk on delivery shall pass to the Consumer upon delivery, unless the Consumer arranges to have the goods picked up or employs the services of his/her own delivery company, in which case risk shall pass to the Consumer upon collection of the goods. No deliveries shall be made to P.O Boxes or LOT No’s or outlying areas which are not accessible by delivery companies. The onus remains with the Consumer to ensure that an accessible physical address is provided. The Consumer has a duty to ensure that the goods are inspected upon delivery, and to notify Hypercheck (Pty) Ltd within 48 hours of any defects, damages, short supply or incorrectly supplied goods. Delivery charges shall be detailed with each individual order and may differ based on the size, type and quantity of goods ordered by the Consumer. The User or Consumer agrees and accepts that should the he/she change the order, delivery address or specifications after an order has been dispatched, then there shall be delays with the date and time of delivery based on logistical considerations. Any request to change an order that has been placed must be done via email and this will result in a 24-48 hour delay.

Note: Delivery will not be made on perishables outside of a 100km radius from the Overport, Durban area.

8.1 DELIVERY CHARGES

All deliveries on products will be charged at a flat rate of R70 anywhere in KwaZulu Natal.

If the customer pays for shipping and returns any product, the shipping charge that the customer has paid will not be refunded. 

There is no free delivery

9 RETURNS POLICY

9.1 Hypercheck (Pty) Ltd will accept returns

While Hypercheck (Pty) Ltd makes every effort to accommodate its users, consumers and retailers, our Returns Policy has to be one that is both reasonable and in strict accordance with the relevant aspects of the Consumer Protection Act  of 2008 (CPA) and its regulations as amended.

Returns can only be done within 7-14 working days of order.

  1. Where goods have been incorrectly supplied. An example of this is where a user orders goods and receives goods that are substantially different from what was ordered. Hypercheck (Pty) Ltd will then have the incorrect goods picked up and the correct goods delivered at no charge to the consumer.
  2. Where the goods sold are materially defective. Materially defective means that the goods are not suitable for the purposes for which they are made or designed and that the defect affects the usage of the item. Hypercheck (Pty) Ltd reserves the right to inspect the goods once they have been returned before offering the consumer recourse on the matter, which will include
  3. a) A full refund where the goods are found to be materially defective OR
  4. b) A credit to the value of the goods
  5. c) A replacement of the goods
  6. Materially defective here excludes minor scratches, dents, marks or defects which do not affect the usage or enjoyment of the goods.
  7. All goods purchased from Hypercheck (Pty) Ltd via the website or online platform within 5 days of purchase, also known as the “cooling off” period in terms of the consumer protection act (the “CPA”) Hypercheck (Pty) Ltd will only accept returns if the goods are in their original packaging, unused and the consumer is able to provide a valid, dated proof of purchase
  8. Refunds will only be done at the store. The customer will have to come into the store for any refunds.
  9. There will be no refund of the delivery charge
  10. Refunds must be authorised by management. The manager must be fully aware of the reason for the refund and must ensure that the item being refunded does not leave the store.
  11. The Company’s Policy is to Refund the Value of the Goods if a Customer is not Happy with the Purchase
  12. Refunds will be Given on the proof of a till Slip and the Original Packaging
  13. No Refunds or Exchanges are allowed on Cigarettes
  14. Perishable goods can be returned only if it is within the Expiry date and the customer is not satisfied with the quality, NO PERISHABLE ITEMS WILL BE RETURNED DUE TO THE CUSTOMER HAVING A CHANGE OF MIND IN PURCHASING THE ITEM. THIS IS DUE TO PUBLIC AND FOOD SAFETY REGULATIONS
  15. Grocery Items will be Returned only if it is within the Expiry date and the product is in its original packaging.
  16. Discretion by the STORE MANAGER is allowed if the Customer does not have a till Slip.
  17. Check Value Items are our Brand and will be Refunded for the full Value even if there is no till Slip.
  18. Any half consumed item cannot be refunded, unless it has a defect or is spoiled.
  19. Refunds on items from service departments will be accepted if the product is defective and it was returned on the same day.
  20. Non-foods will only be accepted in its original condition. Any product that is damaged or used in any way will not be accepted.

9.2 Hypercheck (Pty) Ltd will not accept returns

  1. The consumer protection act (the “CPA”) specifically excludes “buyer’s remorse” and Hypercheck (Pty) Ltd reserves the right to reject returns that are sought because the consumer has “changed his mind” or no longer wants the item after the purchase has been made
  2. Where the goods have been damaged due to ordinary wear and tear or worn out in the ordinary course of use.
  3. Where the goods have been purchased from other retailers and not Hypercheck (Pty) Ltd.
  4. Where the goods fall into one of the following categories:
  5. a) Goods that have been specifically manufactured, modified or ordered for the Consumer and are not in ordinary stock
  6. b) Goods that may pose a health or safety hazard if returned or reused. Food and drink products may not be returned
  7. c) All consumable food items which are purchased constitute a non-returnable product due to Health reasons”
  8. Where the goods sold are materially defective. materially defective means that the goods are not suitable for the purposes for which they are made or designed and that the defect affects the usage of the item. Hypercheck (Pty) Ltd reserves the right to inspect the goods once they have been returned before offering the consumer recourse on the matter, which will include;
  9. a) Where the goods have been wilfully damaged or have been damaged by the gross negligence of the consumer. Where the goods have been damaged by force majeure, or an act of god such as inclement weather, natural disaster, power failure, electrical surges or circumstances outside of Hypercheck (Pty) Ltd’s control.
  10. b) Hypercheck (Pty) Ltd reserves the right to hold the consumer liable for delivery charges in the event of one or more of the above circumstances being the reason for return of the goods.
  11. Cash refunds will be processed 7 (seven) to 14 (fourteen) working days from date of refund being accepted and return validated. Refunds shall be made to the banking details from which the order was placed, or to the banking details provided to Hypercheck (Pty) Ltd on signing up or account creation.
  12. Returns are only applicable to customers within South Africa
  13. If a customer requests Cash refund and the basket value drops below the Free Transport or Promotion validation price, Then the customer is liable for any charges deemed by Hypercheck (Pty) Ltd
  14. If a customer requests store credit and the value of the order drops below the Free Shipping total. We will issue you store credit less the shipping fee that was liable.
  15. Cash refunds that are requested after the 15thof December each year shall only be processed after the 15thof January that succeeding year as the admin accounts of Hypercheck (Pty) Ltd are closed during this period.

9.3 HYPERCHECK (PTY) LTD EXCHANGES

  1. Hypercheck (Pty) Ltd reserves the right not to process exchanges for any reason whatsoever, subject to sections 55 and 56 of the Consumer Protection Act of 2008, as amended.
  2. Should a customer, consumer or user be unhappy with the colour, type, spec or quality of goods supplied, Hypercheck (Pty) Ltd shall process a cash refund or store credit to the customer which may be used for the purchase of other goods on the website or online platform.
  3. Goods that are returned to Hypercheck (Pty) Ltd shall be treated as returned items and a store credit or cash refund shall be processed to the customer in lieu thereof.

10 CANCELLATION POLICY

The Consumer may at any time prior to the order being finalized and confirmed online via completion of the transaction, cancel the order at no charge to him or her. Once payment has been made and the order is been processed, Hypercheck (Pty) Ltd reserves the right to charge a reasonable handling or administrative charge which may be up to 10% of the purchase price of the goods in accordance with the Consumer Protection Act (the “CPA”) Hypercheck (Pty) Ltd reserves the right to cancel any order where there is suspicion of fraud, misconduct or other criminal activity and to refuse the supply of goods in such circumstances. The Consumer may not unilaterally cancel the transaction, subject to the terms of the Returns Policy in Clause 7 above. All cancellation of orders must be done in writing from the account holder related to the purchase and refunds shall take 7-14 working days to process. If cancellations are done after an order has been shipped, the customer shall be refunded only once the order has been returned and validated in the warehouse at Hypercheck (Pty) Ltd and that account holder may be liable for shipping charges.

11 Vouchers, Coupons, Gift Cards, online promotions, competitions and Hashtags

  1. Our free gift campaigns are not available via the online platform. The consumers must come to store to benefit from free gift campaigns.
  2. Bundle, Combination and Promotions campaigns are not available via the online platform. The consumers must come to store to benefit from Bundle, Combination and Promotions campaigns .
  3. Vouchers, and Gift Cards, etc. are not available via the online platform. The consumers must come to the store to benefit from Vouchers, Gift Cards, etc.

11.1 Coupons

  1. Coupons are single use only and may be used by one person for the purposes of a single transaction.
  2. Hypercheck reserves the right to revoke and cancel any coupons should there be a suspicion of fraud, misuse or abuse. 
  3. Coupons are valid for a specified period only and may not be exchanged for cash.
  4. These may only be used for goods available on the Website or Online Platform and may not be redeemed at Agents, Subsidiaries or stores.
  5. Multiple vouchers are not allowed be used on the same order.
  6. Any product bought using a discount code or that is discounted and then returned will be refunded the actual amount paid for the product including any transport charges that may occur.
  7. Coupons generated for next purchased and emailed

11.2 Abuse of accounts, vouchers, promo codes and gift cards:

User and Consumers are identified by their personal information including names, handles, cellphone numbers, email addresses physical address and other identifying markers. Should Planet 54 find that a user or consumer has attempted or abused the system by creating multiple accounts, stacking promo codes, adding and removing items from the basket to trigger free delivery and thereafter removing items or otherwise abusing the system, Planet 54 shall take all necessary steps including banning the user, closing the accounts, revoking the order and/or the instituting of civil or criminal proceedings should the situation warrant it.

12 Special Mark Down and Clearance Sales

Hypercheck (Pty) Ltd may at times offer items to consumers on special markdown or clearance sales. During such times Hypercheck (Pty) Ltd reserves the right not to accept returns/exchanges or process refunds on items purchased during such sales. Where Hypercheck (Pty) Ltd chooses at its sole and exclusive discretion to accept a return or refund at a markdown or clearance sale, the customer shall be liable for any and all associated costs including transportation and handling charges.

13 Misuse or Abuse

Hypercheck (Pty) Ltd reserves the right, at the sole and exclusive discretion of management to:

  1. Limit or restrict all access to users of the Hypercheck (Pty) Ltd website, social media pages, mobile app or mobile platforms.
  2. Suspend or ban users from accessing its website, social media pages, mobile app or mobile platforms.
  3. Delete or remove any comments, statements or posts by users which may have the effect of bring Hypercheck (Pty) Ltd, its brand, company, staff or directors into disrepute.
  4. Record, including by way of recording or screen captures any posts which may be defamatory, slanderous or which may otherwise have legal implications for users.
  5. Take any other action which has the effect of mitigating or limiting reputational damages or defamatory conduct.

14 LIMITATION OF LIABILITY

Unless otherwise provided in any further written agreement, Hypercheck (Pty) Ltd shall not be liable to Consumers, Retailers or Users for any indirect, consequential, special, incidental or punitive damages which may arise out of the use of Hypercheck (Pty) Ltd’s Website or Online Platform or the supply or resale of any goods or services.

15 INFORMATION AND DATA PROTECTION – POPI

In this clause the terms “data subject” and “process” have the meanings given to them in the Protection of Personal Information Act of 2013 (POPI). Each party warrants to the other that, in relation to this Agreement, it shall comply strictly with all requirements of POPI. Hypercheck (Pty) Ltd shall ensure that all information collected from Consumers, Retailers and Users shall be collected for the specific purposes of interacting, transacting and conducting business, including information obtained for the purposes of marketing and advertising. Hypercheck (Pty) Ltd warrants that it has appropriate technical and organizational measures in place to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to Personal Data processed in connection with this Agreement. Hypercheck (Pty) Ltd will co-operate with and assist any Consumer, Retailer or User at no charge in allowing data subjects to exercise their rights under the Protection of Personal Information Act of 2013 and will comply with any reasonable request made by Consumers, Retailers or Users to ensure compliance with the measures mentioned in the Act. The Consumer, Retailer or User warrants that it will notify Hypercheck (Pty) Ltd immediately of any correspondence it may receive from any local data protection regulator and any successor or replacement body relating to Personal Data or any complaint from an individual about the processing of Personal Data in connection with this Agreement.

If Hypercheck (Pty) Ltd becomes aware of the loss or compromise of, or any damage to, any Personal Data which it is processing in connection with this Agreement it will:

  1. immediately notify the Consumer, Retailer or User of the details of the incident and
  2. promptly initiate a full investigation into the circumstances surrounding the incident and make any reports of notes of the investigation available to the Consumer, Retailer or User;

16 GENERAL

This Agreement together with relevant provisions of the Privacy Policy constitutes the entire agreement between Hypercheck (Pty) Ltd and the Consumer, Retailer or User and supersedes all previous agreements and arrangements (if any) whether written, oral or implied. The Consumer, Retailer or User acknowledges that, in entering into this Agreement, it has not relied on any representations by Hypercheck (Pty) Ltd, made before the execution of this Agreement other than those expressly set out in this Agreement. Any amendments to this agreement shall be provided to the Consumer, Retailer or User upon the next usage of the Website or Online Platform and continued usage thereof shall constitute acceptance of such agreement. All images and information relating to logos, fonts, brands, products, content, pricing, sizes, specifications, and other proprietary information, hosted on the website or online platform  remain the sole and exclusive property of Hypercheck (Pty) Ltd. Copying, distributing, usage, dissemination, alteration, and manipulation thereof without the express written consent of Hypercheck (Pty) Ltd is an offence and shall be punishable to the full extent of the law. Any notice required to be given under this Agreement shall be given in such manner as is expressly provided below in terms of this agreement shall be given in writing signed by a person duly authorised by the sending party and delivered by hand, e-mail or registered mail to the recipient at its address specified in this Agreement (or as otherwise notified from time to time to the sender by the recipient for the purposes of this Agreement).

This Agreement shall be governed by and construed in all respects in accordance with South African law and the Courts of the Republic of South Africa shall have exclusive jurisdiction. If any provision or any part of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected;

17 ADDRESS FOR NOTICES

Hypercheck (Pty) Ltd chooses the following address for the receipt of notices, processes, documentation and communications. Should any communications not be directed to the addresses below, Hypercheck (Pty) Ltd reserves the right to deem such notices, processes or communications as undelivered and incorrectly served.

Enquiries to: onlineorders@hypercheck.co.za 

Customer Services Number: 083 709 5930

Full Company Details: Hypercheck (Pty) Ltd

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