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terms & conditions

1. INTRODUCTION

  • This website can be accessed at smul.com (“Website”) and is owned and operated by smul group (Pty) Ltd (Registration Number: 2023/163839/07
  • (“smul”, “we”, “us” and “our”). 
  • These Website Ts & Cs (“Ts & Cs”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  • These Ts & Cs are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including, without limitation, each user who registers as contemplated below (“registered user”). By using the Website you acknowledge that you have read and agree to be bound by these Ts & Cs.
  • The Website enables you to shop online for smul products (“Goods” or “Products”).

2. CONSUMER PROTECTION ACT NOTICE

  • These Ts & Cs apply to users who are consumers for purposes of the Consumer Protection Act, No 68 of 2008 ( “CPA”).
  • These Ts & Cs contain provisions that appear in similar text and style to this clause and which –
    • may limit the risk or liability of smul or a third party; and/or
    • may create risk or liability for the user; and/or
    • serves as an acknowledgement, by the user, of a fact.
  • Your attention is drawn to these Ts & Cs because they are important and should be carefully noted.
  • If there is any provision in these Ts & Cs that you do not understand, you must ask smul to explain it to you before you accept the Ts & Cs or continue using the Website.
  • Nothing in these Ts & Cs is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or smul in terms of the CPA.
  • smul permits the use of this Website subject to the Ts & Cs. By using this Website in any way, you shall be deemed to have accepted all the Ts & Cs unconditionally. You must not use this Website if you do not agree to the Ts & Cs.
  • Please refer to our Returns Policy for more information about returning Products (and related refunds or replacements).

3. REGISTRATION AND USE OF THE WEBSITE

  • Only registered users or authorised guest check-ins may order Goods on the Website.
  • To register as a user, you must provide a unique username and password and provide certain information and personal details to smul. You will need to use your unique username and password to access the Website in order to purchase Goods.
  • You agree and warrant that your username and password shall –
    • be used for personal use or by authorised guest check-ins only; and
    • not be disclosed by you to any third party.
  • For security purposes you agree to enter the correct username and password whenever ordering Goods for yourself or on behalf of an authorised guest check-in, failing which you will be denied access.
  • 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 each order, unless the order is cancelled by you in accordance with these Ts & Cs.
  • You agree to notify smul 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.
  • 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 Ts & Cs and to be liable and responsible for you and all your obligations under these Ts & Cs.
  • You agree that you will not in any way use any device, software or other instrument 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 device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised smul representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
  • You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
  • 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 smul representative.

4. GENERAL TERMS

Conclusion of Sales and Availability of Goods

  • Registered users or authorised guest check-ins may place orders for Goods, which smul may accept or reject. Whether or not smul 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 smul for the Goods.
  • After payment for and delivery of the Goods, you may return the Goods only in accordance with the Returns Policy.
  • Placing Goods in a wishlist or 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 or the price thereof might change without notice to you. You cannot hold smul liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
  • You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. smul will take all reasonable efforts to monitor stock levels however, smul cannot guarantee the availability of Goods. When Goods are no longer available after you have placed an order and effected payment, smul will notify you and you will be entitled to a refund of the amount already paid by you for such Goods.
  • Goods may not be purchased for re-sale. Should smul suspect that any such Goods are being purchased for resale, smul will be entitled to cancel your order immediately on notice to you

Payment

  • All transactions are secured using appropriate encryption technology.
  • Payment can be made for Goods via –
  • credit card, contemporaneously with the placing of the order: where payment is made by credit card, smul may require additional information in order to authorise and/or verify the validity of payment. In such cases smul will be entitled to withhold delivery until such time as the additional information is received by smul and authorisation for payment is obtained by smul. If smul does 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;
  • direct bank deposit or electronic funds transfer, contemporaneously with the placing of the order;
  • payment may also be made using the “PayFast” method of payment.
  • Once you have selected your payment method, you will be directed to a link to a secure site for payment of the purchase price for the Goods. smul will not accept your order if payment has not been received.
  • smul shall not retain any data or other security sensitive information regarding your debit card, credit card or bank details which has been furnished to it.

Delivery of Goods

  • Delivery of the Goods to you will be effected via courier.
  • The delivery charges are subject to change at any time, without prior notice to you, so please check the Website for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
  • Where your order is accepted, smul will deliver the Goods to you as soon as reasonably possible.
  • Goods will not be despatched until smul has authorisation from your payment card issuer. smul will not be liable if there is a delay, and smul will not accept your order if payment is not authorised.
  • smul’s obligation to deliver Products to you is fulfilled when smul delivers the Products to the physical address nominated by you for delivery of the order. smul is not responsible for any loss or unauthorised use of a Product, after it has delivered the Product to the physical address nominated by you.

Errors

  • smul 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 smul’s gross negligence), smul shall not be liable for any loss, claim or expense relating to a transaction based on any error, except – in the case of any incorrect purchase price – to the extent of refunding to you any amount already paid, or otherwise as set out in the Returns Policy.
  • smul shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

Returns Policy

  • smul will only accept returns and exchanges or be liable for the refund of the amount paid if the packaging of the Goods is defective or damaged or if the incorrect Goods have been delivered. Under no other circumstances whatsoever shall smul be liable or obliged to accept returns, exchanges or to effect any refunds.
  • Nothing in this Returns Policy shall limit your statutory rights in any way.
  • If the packaging of the Goods is defective or damaged, please log a return with our customer team via the form below or email us on info@smul.co.za or by calling us on +27 87 756 5715 within 7 (seven) days of receiving your Order. The customer team will contact you to help you through the next steps of your return.
  • Please note that you must retain proof of delivery for all returns. Your return request will be processed promptly. Returns are processed within 5 (five) business days of receipt. An email will be sent to confirm the receipt and processing of your return request.
  • This policy applies to Orders made through smul’s online e-commerce services only. smul is unable to process returns for purchases made from any other country outside the Republic of South Africa.
  • If applicable, refunds will only be made to the original credit/debit card used or EFT account. For the return of a single Product, if the packaging of the Product is defective or damaged, smul will at your election either replace the Product or refund you for your purchase, on condition that you return the Product with the packaging to smul.
  • smul cannot accept the return of Products where the packaging has been opened.
  • If you have questions about returns and refunds, please contact smul Customer Care Line on +27 87 756 5715 from 8h00 to 17h00 – (excluding weekends and South African public holidays via email at info@smul.com
  • The courier who delivers the Goods is not authorised to accept the return of any Goods delivered by it.

What if the Goods are not what you ordered?

  • If the Goods delivered are not what you ordered, you are required to notify smul within 3 (three) days after delivery and smul will arrange for the Goods to be collected, at smul’s cost.

Amount of Refund and EFT Refund

  • Approved Refunds – for approved refunds to you where the price is less than the delivery threshold value – the full price including delivery charges will be refunded.
  • Where the price is more than the delivery threshold value – the price less delivery charges will be refunded.
  • If you paid using an EFT, once the refund has been approved by smul, you will be required to submit proof of banking details and complete a smul Vendor form.
  • Payment will take up to 5 (five) working days from submission of the smul Vendor form – this is in order to verify and protect your banking details. Please note that any approved refunds will be paid into the bank account that the original payment was received from.
  • If you have any other queries not addressed above, let smul know by email at customerservice@smul.co.za or by calling smul on +27 87 756 5715

Limitation of Liability in respect of the use or consumption of the Products
smul will not, under any circumstances, be liable for any loss or damage of whatsoever nature or howsoever arising, which arises or results directly or indirectly from the use or consumption by you of the Products. You are required to consult your medical practitioner regarding your use or consumption of the Products should you have any allergies or other medical condition or should you have any cause for any doubts or concerns regarding the use or consumption of the Products by you.

Gift Vouchers

  • smul may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) available for use on the Website towards the purchase of Goods. Gift Vouchers can only be redeemed while they are valid and their expiry dates cannot be extended.
  • Gift Vouchers that are purchased by registered users are valid for 3 (three) years after purchase thereof. Gift Vouchers that smul may give away for free are valid for the period stated thereon. In each case, if your Gift Voucher has not been used within that period, it will expire.
  • Gift Vouchers cannot be used to buy other Gift Vouchers. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the purchases price of the Goods ordered, you must pay the difference via one of smul’s other payment methods.
  • Gift Vouchers may not be used for the purposes of purchasing discounted Goods referred to in clause 8 hereunder.
  • smul is not responsible for any loss or damage due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after smul has delivered the Gift Voucher to you or to the email address nominated by you.

Discounted Goods

  • From time to time, smul may offer certain Goods at discounted prices as part of any temporary deal (“Deal”). These will be subject to certain conditions (as set out in these Ts & Cs and/or the Website), which will define the scope of the Deal. If you buy a Product within the scope of a Deal, you will pay the discounted price for that Product.

Privacy Policy

  • smul respects your privacy and will take reasonable measures to protect it, as more fully detailed below.
  • Should you decide to register as a user on the Website, smul may require you to provide it with personal information which includes ,but is not limited to –
    • your name and surname;
    • your email address;
    • your physical address;
    • your gender;
    • your mobile number; and
    • your date of birth.
  • Should your personal information change, you will be obliged to update your personal information as soon as reasonably possible.
  • You may choose to provide additional personal information to smul, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
  • Subject to clause 9.5.3 below and the provisions of the Protection of Personal Information Act No. 4 of 2013 (“POPI”) (with which smul shall at all times comply), smul will not, without your express consent:
    • use your personal information for any purpose other than as set out below –
      • in relation to the ordering, sale and delivery of Goods;
      • to contact you regarding current or new Goods offered by us (unless you have opted out from receiving marketing material from us);
      • to inform you of new features, special offers and promotional competitions offered by smul (unless you have opted out from receiving marketing material from us);
      • to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website;
      • for the purposes of “target marketing” from time to time;
    • disclose your personal information to any third party other than as set out below –
      • to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
      • to law enforcement, government officials, fraud detection agencies or other third parties when smul believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Ts & Cs;
      • to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc.). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit.
    • smul are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, smul is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
    • smul will ensure that all of our employees, third party service providers, and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
    • smul will –
      • treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
      • take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      • provide you with access to your personal information to view and/or update personal details;
      • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
      • upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
    • smul will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
    • smul undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
    • Whilst smul will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
    • If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than smul, smul Shall Not Be Liable For Any Loss Or Damage, Howsoever Arising, Suffered By You As A Result Of The Disclosure Of Such Information To The Third Party. This is because smul does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
    • This Website may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which smul may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 9

Changes to these Ts & Cs

  • smul may, in its sole discretion, change any of these Ts & Cs at any time. It is your responsibility to check these Ts & Cs regularly and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
  • Any change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Ts & Cs have been displayed on the Website, you will be deemed to have accepted such changes.

Electronic Communications

  • When you visit the Website or send emails to us, you consent to receiving communications from us in accordance with our privacy policy as set out in clause 4.9 above.

Ownership and Copyright

  • The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of smul, its advertisers and/or sponsors and/or is licensed to smul.
  • You will not acquire any right, title or interest in or to the Website or the Website Content.
  • Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Ts & Cs or otherwise provided for in law.
  • Where any of the Website Content has been licensed to smul or belongs to any third party, your rights of use will also be subject to any Ts & Cs which that licensor or third party imposes from time to time and you agree to comply with such third party Ts & Cs.

Disclaimer

  • The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
  • While smul will take reasonable measures to ensure that the content of the Website is accurate and complete, we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by our representatives, we shall not be bound thereby.
  • smul disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
  • Any views or statements made or expressed on the Website are not necessarily the views of smul, its directors, employees and/or agents.
  • In addition to the disclaimers contained elsewhere in these Ts & Cs, smul also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of smul, its employees, agents or authorised representatives. smul disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Linking to Third Party Websites

  • This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Ts & Cs do not apply to those Third Party Websites and smul is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
  • Notwithstanding the fact that this Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and smul are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.


Limitation of Liability in respect of the use of the Website

  • smul cannot and will not be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of smul or its employees, You are encouraged to contact us to report any possible malfunctions or errors
  • smul shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.

Availability and Termination

  • smul will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
  • smul may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that smul will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
  • If you fail to comply with your obligations under these Ts & Cs, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that smul may have against you.
  • smul is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by smul to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and smul, in whole or in part, on notice to you. smul shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
  • At any time, you may choose to stop using the Website, with or without notice to smul.

Availability and Termination

  • smul will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
  • smul may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that smul will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
  • If you fail to comply with your obligations under these Ts & Cs, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that smul may have against you.
  • smul is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by smul to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and smul, in whole or in part, on notice to you. smul shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
  • At any time, you may choose to stop using the Website, with or without notice to smul.

Notices

  • smul hereby selects 23 Eiland Street, Bella Vista, Paarl, 7646, Western Cape, South Africa, attention: Steven Kilfoil, as its address for the service of all formal notices and legal processes in connection with these Ts & Cs (“address”). smul may change this address from time to time by updating these Ts & Cs.
  • Notices must be delivered either by hand, courier or email and must be in English. All notices sent –
    • by hand or by courier will be deemed to have been received on the date of delivery;
    • by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTIONto serve as proof that an email has been received.

Information

  • For the purposes of the Electronic Communications and Transactions Act, No 25 of 2002 (“ECT Act”), smul’s information is as set out below:
  • Full name: smul (Pty) Ltd, a private company registered in South Africa with registration number 2023/163839/07
  • Main business: Supplier of health and wellness products
  • Physical address for receipt of legal service (also postal and street address): 23 Eiland Street, Bella Vista, Paarl, 7646, Western Cape, South Africa (marked for attention: Steven Kilfoil) (P O Box 1387, Suider Paarl, 7624)
  • Office bearers: Steven Kilfoil
  • Phone number: +27 21 001 0853
  • Email address: steven.kilfoil@in2food.co.za
  • PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act, No 2 of 2000 will be provided on request.

General

  • smul may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
  • You may not cede, assign or otherwise transfer your rights and obligations in terms of these Ts & Cs to any third party.
  • Any failure on the part of you or smul to enforce any right in terms hereof shall not constitute a waiver of that right.
  • If any term or condition contained herein is declared invalid, the remaining Ts & Cs will remain in full force and effect.
  • No variation, addition, deletion, or agreed cancellation of the Ts & Cs will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
  • No indulgence, extension of time, relaxation or latitude which smul may show grant or allow to you shall constitute a waiver by smul of any of its rights and smul shall not thereby be prejudiced or stopped from exercising any of its rights against the you which may have arisen in the past or which might arise in the future.
  • These Ts & Cs contain the whole agreement between you and smul and no other term or condition shall be binding, unless contained in these Ts & Cs.

5. PROCEDURE TO BE FOLLOWED FOR ORDERING
How to Place Your Order:

  • Step 1: Register
    • 2 ways to shop on smul:
      • Register and create an account
      • Use our easy guest check out method
  • Step 2: Shop
    • Shop and select the Products you want to purchase by simply adding them to your Cart
  • Step 3: Checkout
    • When you are finished shopping, select Checkout
  • Step 4: Order
    • If you are happy with your Order and the amount, select Pay
  • Step 5: Pay
    • You will be redirected to the Payfast.io payment service provider website to effect payment. Choose your payment option and follow the steps to pay
  • Step 6: Confirmation of Order and Invoice
    • You will receive an Order Confirmation via email. Your copy of the tax invoice (“Invoice”) will become available on your customer profile after delivery of the Products
  • Step 7: Delivery
    • Once your Order is packed and ready for delivery, you will receive an email with the courier waybill (“Waybill”) details confirming your address and a tracking number
  • Step 8: Enjoy your smul purchase!

Prices, Discounts and Availability

  • The prices of the Products are as per the prices displayed on the Website at the time of the Order. These prices exclude delivery charges. The amount to be paid for the Products and the delivery charges will be displayed on the Website when you Checkout and select Pay.
  • There will be a delivery threshold value meaning that if your Order is above that value, you will qualify for free delivery. The delivery threshold value is currently R750 including VAT and is subject to change.
  • All prices on the Website are inclusive of Value Added Tax (“VAT”) but exclusive of delivery charges.
  • The images of the Products on the Website are for illustrative purposes only and may differ from the actual Products.
  • The Products are subject to availability of stock. Products that are out of stock will be displayed along with an “out of stock” message on the Website.
  • smul reserves the right to change the prices of the Products on the Website from time to time without prior notice. While smul will do its best to ensure the accuracy of the prices displayed, smul will not be liable for prices that are obviously incorrect. In this instance smul will contact you to confirm whether you would still like to Order the Product at the correct price.
  • When smul is running a sale, discount-centric promotion or has included specific Products, Gift Vouchers cannot be redeemed against these Products or Deals as these Products are already discounted.

Payment Options

  • You will have the option to pay via EFT, Debit or Credit Card, via our payment service provider, PayFast. Please see the payment service provider terms and conditions at https://payfast.io/legal/
  • Delivery of Your smul Items
    • Once your payment has been received and reflects in the bank account of smul, smul will make arrangements to deliver your Order.
    • Delivery will be made to your selected physical / shipping address. Delivery times cannot be scheduled but your Products will be delivered during working days between 08:00 and 17:00. Deliveries cannot be made to postal addresses. If it is not possible to deliver to your address, smul will contact you to arrange for delivery at an alternative address and an additional delivery charge may become payable.
    • Two attempts will be made to deliver your Order. Should you fail, refuse or neglect to be available and accept the Order after 2 attempts, you will be liable for additional delivery charges.
    • On receipt of Your delivery, You must inspect the Products and be satisfied that the Products conform with your Order. You will be asked to sign the courier Waybill and/or proof of delivery to confirm that the packaging of the Products is in good condition.
    • Please note that Products may not be returned with the courier.
    • The Waybill or proof of delivery signed by you or your representative, shall be proof that delivery was made to you. It will be up to you to dispute this proof.
    • Your Order should be delivered within 1 to 3 business days, depending on your location, from confirmation of your Order. Please note that this is only an estimate as to when the Order will be delivered.If the Goods delivered are not what you ordered, you are required to notify smul within 3 (three) days after delivery and smul will arrange for the Goods to be collected, at smul’s cost.
Competition Rules
Competition: Taste smul - newsletter sign up competition
  • The competition runs from 25 September – 2 October. No late entries will be accepted.
  • Winner announcement will take place on 3 October 2024.
  • The winner (1 entry/individual) will be contacted directly via the submitted email address. An announcement story of the winner will also feature on the official social media of smul (@smul.lifestyle).
  • If no response received from the winner within 1 week of closing date the prize will be forfeited.
  • To enter the competition participants needs to do the following:
  •  Need to submit an active email address to smul & agree to receive marketing communications from us.
  • Entrants can submit their active email addresses via the following channels:
  • Paid Media - Facebook & Instagram
  • Klaviyo website pop-up form
  • The winner will be randomly chosen via a certified method of selection.
  • No responsibility will be accepted for entries and/or prizes lost, delayed or damaged in transmission
  • No prizes are refundable
  • The winner of this competition should reside in South Africa.
  • There is no entry fee or purchase necessary to enter this competition. Entries reflected on Promoter’s records will be treated as the only validation source and will be the only evidence of successful entries.