Terms & Conditions

1. INTRODUCTION

1.1 These Terms apply when you, as a customer, buy any product or service from Phakade Pack&Label either in store or online and constitutes a valid and binding agreement between you and Phakade Pack&Label.
1.2 By using our Premises or Website, or by purchasing any of our Products or Services, you agree to comply with these Terms & Conditions without modification.
1.3 The effect of this clause is that by using the Website, or purchasing goods or services from us, it will be presumed that you have read and understood these Terms and Conditions and that you agree to comply with them.
1.4 If you have any questions regarding these Terms, please contact us at info@phakadepacknlabel.co.za

2. DEFINITIONS

2.1 CPA means the Consumer Protection Act, 2008.
2.2 ECT Act means the Electronic Communications and Transactions Act 2002.
2.3 Lay-by has the meaning set out in clause 10.
2.4 Phakade Pack&Label means Phakadenation (Pty) Ltd trading as Phakade Pack&Label.
2.5 Premises means any premises used by Phakade Pack&Label to conduct its business.
2.6 Privacy Policy means the Phakade Pack & Label Privacy Policy as amended from time to time. The latest version can be viewed at Privacy Policy.
2.7 Product means any product being sold by Phakade Pack&Label to customers in any of its Stores or on our Website.
2.8 Service means any service that you can purchase from us in store and online. Some of the services will be rendered by Phakade Pack&Label directly, while other services may be rendered by third parties.
2.9 Special Orders means any Service or Product which is procured, created, personalised or altered specifically to satisfy your requirements.
2.10 Store means any Phakade Pack&Label store within South Africa.
2.11 Terms means these general terms and conditions which may be amended by Phakade Pack&Label from time to time. The latest terms will be published on Terms & Conditions.
2.12 Us and we means Phakade Pack&Label.
2.13 You means the customers of Phakade Pack&Label.
2.14 Website means phakadepacknlabel.co.za.
IMPORTANT NOTICE:

Where the CPA applies to you as a consumer, certain terms which limit your rights, make you liable, or require you to confirm facts are indicated in bold text to specifically draw your attention to these clauses. These clauses are important and should be read carefully and you should make sure that you fully understand what they mean.

3. PERSONAL INFORMATION

3.1 During the interaction between you and Phakade Pack&Label, Phakade Pack&Label may collect and process your personal information (as defined in the Protection of Personal Information Act, 2013). In certain circumstances, your submission of your personal information may be necessary for you to purchase goods, use our services, or access our Website.
3.2 Further information with regards what we do and how we protect your personal information can be found in our Privacy Policy.

4. PRODUCTS AND SERVICES

4.1 We have made every effort to ensure that the information on our Products displayed in Store, in our promotional material, on our Website, or any other form of communication to you, is accurate.
4.2 While we endeavour to ensure that the image representing the Product, the features, descriptions and specifications pertaining to the Product are correct, the actual Product may be subject to variations in appearance as the packaging may differ over time, or colour representation in marketing material may depend on the medium on which the image is displayed.
4.3 In the event that we identify an inadvertent and obvious error in the Product description, price, or image, we will not be obliged to provide the affected Product to you. We will correct and notify you of any errors as soon as reasonably practical.
4.4 You are responsible to ensure that the Product received by you is the correct Product as selected or ordered. If you have received the incorrect product, you must notify us within 10 business days of you receiving the product to allow us to correct the error. You are entitled to cancel the transaction and receive a refund within the 10 business day period.
4.5 If you are not satisfied with the Product that you purchased, you may return it to us, subject to the returns and refund provisions in these Terms.
4.6 Where a Service is rendered by a third party, we may nevertheless invoice you for their services to ensure a single contact point and to ensure a smooth customer journey. However please note that when Services are performed by a third party (even if we invoice you directly), we will not be liable for the obligations of a third party – you will only have a claim against the service provider directly.
4.7 If you are not satisfied with the services performed by us, please contact us and we will do our best to remedy the situation where possible.
4.8 We reserve the right to discontinue or change the specifications of our Products and Services from time to time without notice.

5. PRICING AND AVAILABILITY

5.1 Product stock is subject to availability.
5.2 Prices displayed in Store, on the Website, in all communications, and on marketing material are correct at the time of such display and when viewed by you, unless there is an obvious and inadvertent error in the price.
5.3 We may limit the quantity of any Product that you are allowed to purchase, either in store or on our Website during promotional offers. Any such limitations will be clearly specified
5.4 All prices shown on our Website are quoted in South African Rands and are valid and effective only in the Republic of South Africa.
5.5 All prices displayed are inclusive of VAT.
5.6 We reserve the right to change displayed pricing, however you will be charged the displayed price unless there is an obvious and inadvertent error in the price.
5.7 A list of all printing errors in relation to pricing displayed or advertised or Product availability will be placed at the entrance of each Store.

6. Payment

6.1 Products or Services purchased by you must be paid in full before we will deliver such Products or Services.
6.2 You may pay for Products or Services in Store by cash, credit/debit card, using an RCS card or Phakade Pack&Label Gift Card.
6.3 Online purchases must be paid by credit card, electronic funds transfer (EFT) or by utilising one of our online payment solutions. Orders paid for by EFT will only be processed once the payment reflects in our bank account which can take up to seven business days.

7. SPECIAL ORDERS

7.1 Special orders, as defined in 2.9 under definitions, will require full payment in order for the order to be accepted and processed.
7.2 We reserve the right to apply a cancellation fee of up to 100% of the deposit if you cancel a Special Order, as defined in clause 2.9 under definitions, when work has already commenced on the order. In the event of the store cancelling such orders, you will be entitled to a 100% refund of the amount paid.

8. WEBSITE PURCHASES

8.1 To order a Product online, you will be required to register a profile. Registering on our Website does not oblige you to order any Product.
8.2 To register you will be required to provide certain information including personal details, payment card details and your delivery address. When registering you will be required to choose a UserID and a password, please keep your password private. We will not be responsible for any harm or loss suffered as a result of someone other than you using your password as it is your responsibility to keep your password safe.
8.3 If another person has used your account to purchase any Product without your consent, you must notify us within 24 hours.
8.4 You will be required to enter your user ID and password each time you visit our online shopping site. *To amend any registration particulars please click on “Account” and edit your details.
8.5 By submitting an order online, you:
- confirm that you are over the age of 18 and have legal capacity to enter into a transaction with us.
- confirm that, in order to fulfil your order, we will share your Personal Information with third parties such as your bank and our contracted courier service, only to the extent necessary.
- Agree to us investigating any order and confirming any information provided by you in order to prevent fraud.
8.6 Your contract of sale with us is only complete once we have accepted and dispatched your order.
8.7 All products displayed on our Website are subject to availability and will be delivered only within the Republic of South Africa.

9. COLLECTION & DELIVERY

9.1 Orders will be delivered after full payment has been processed and received by us.
9.2 We will only deliver Products within the Republic of South Africa. A delivery charge will be applicable and will depend on the distance from the store as well as the dimensions, quantity and weight of the product.
9.3 We make use of a third-party courier to deliver any Products and, as such, the delivery process is not entirely within our control. While we endeavour to ensure that a Product is delivered within the lead time suggested on the Website, such a lead time is an estimate only.
9.4 It is your responsibility to ensure that the personal information provided by you, including the delivery address, is correct. We are not responsible for deliveries to an incorrect address.
9.5 We will deliver any ordered Product to the designated delivery address provided the truck can reach your location safely (condition of the road, ability to manoeuvre, …). At the off-loading point, full risk passes to you and we are not responsible for storage, assembling, or installation of the Product.
9.6 You need to inform us about any Product missing or damaged within 24 hours.
9.7 In the event that an order is being collected, all orders must be collected in full. Partial collections will not be allowed. We may request proof of identification when an order is being collected.
9.8 It is your responsibility to ensure that your vehicle is fully equipped and has the capacity to accommodate the collection of your order in full.
9.9 We reserve the right to refuse loading any Product on your vehicle at collection if we consider there to be a safety risk.
9.10 You need to collect your order within 14 calendar days from the date of the notification to you that your order is ready for collection. Should you have not collected your order within 14 working days from receiving the first notification, we reserve the right to cancel your order and you forfeit the right of refund in full.

10. LAY-BY

11. LIMITATION OF LIABILITY

11.1 We do not accept liability for any damage suffered by you or to your property on our Premises, in our Stores or in your dealings with us, unless we have been grossly negligent. This means that you will have no claim against us, even if we are negligent.
11.2 Where we have been grossly negligent, you will have no claim against any employee, director, or other party related to Phakade Pack&Label directly and personally responsible for such gross negligence. Your only possible claim is against Phakade Pack&Label.
11.3 We are not responsible and will have no liability in relation to any damage suffered by you or to your property caused by Services rendered by a third party, unless and only if the third party was employed by us to provide the Service on our behalf. You will only have a claim directly against the service provider.

12. BREACH

12.1 If you breach any provision of these Terms, we reserve the right to terminate or suspend any relationship that exists between you and Phakade Pack&Label, and / or prohibit access to our Premises / Website, and / or take the appropriate legal action to recover any loss.
12.2 Neither party will be liable for breach of any of these Terms due to any matter beyond the control of the respective party. This includes fire, natural disasters, acts of God, strikes, lock-outs, wars, riots, civil commotion, government intervention, or an explosion.

13. REMEDIES

13.1 If you feel that we are not living up to our promises in these Terms, or that we have infringed your rights in any way, you may address a complaint to us by emailing us at info@phakadepacknlabel.co.za.
13.2 When lodging your complaint, include as much information as possible to allow us to deal with it effectively and quickly. In particular, please provide us with the following:
- your full names, address, and contact details
- identify in what way we are not living up to these terms or the right that has allegedly been infringed by us
- set out the circumstances and facts that gave rise to the alleged infringement
- the steps you believe should be taken by us to remedy the alleged infringement
- a statement that the information you have provided is correct and truthful
- a statement that you are acting in good faith.
13.3 We will investigate all complaints which comply with these requirements. On receiving the outcome of the investigation, we will take all necessary steps to remedy the situation, if applicable.

14. AMENDMENTS OF THE TERMS

15. DISCLOSURE IN TERMS OF THE ECT ACT

15.1 Access to and use of our Website may be classified as electronic transactions in terms of the ECT Act and therefore you have the rights as set out in Chapter 7 of the ECT Act. We, consequently, have a duty to disclose the following information:

Full name and legal status	PHAKADENATION (Pty) LTD Registration Number: 2021/304893/07
Physical address	35 Brand Road, Glenwood, Durban, 4083, South Africa (Administrative office only. Please note that we operate strictly as an online shop and do not have a physical retail storefront or walk-in facility).
Postal address	35 Brand Road, Glenwood, Durban, 4083, South Africa
Telephone number	+27 63 490 6560
Email address	info@phakadepacknlabel.co.za
Director(s)	Phindile Promise Mchunu

16. GOVERNING LAW AND JURISDICTION

17. SEVERABILITY

18. MY LOYALTY BENEFITS

18.1 Easy Return: In case you want to return a product, you will not be asked to present your receipt and you will be provided with an additional 3 months to return your product.
18.2 Easy Guarantee: In case you want to return a product under guarantee, you will not be asked to present your receipt.
18.3 Quick Access to Services: The access to additional services (delivery, installation, self-invoicing terminal) will be facilitated by the fact that your data will be immediately available to us, therefore providing you with a quick and efficient customer experience.
18.4 Preferential Offers and Promotions: All promotions and offers are available to Loyalty Card members and online shoppers only. To benefit from the promotional activity, swipe your loyalty card at the till prior to payment. For online shoppers, create an online account to benefit from the promotional pricing.

19. COMPETITIONS