Terms & Conditions

1. Introduction
   1. This website, getit.africa, and associated apps (the "Website & Apps"), is operated by Getit South Africa (PTY) Ltd. ("Getit", "we", "us" and "our"), a business in the ecommerce retail industry that sells consumer products through its Website & Apps.
   2. These Website & Apps Terms and Conditions govern the ordering, sale and delivery of products, and the use of the Website & Apps.
   3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website & Apps (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“Registered User”) an account on our Website & Apps ("Account"). By using the Website & Apps and by clicking on the “Register Now”, "Sign In", "Log In" or "Create An Account" button on the Website & Apps, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
   4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask us to explain it to you before you accept the Terms and Conditions or continue using the Website & Apps.
   5. By using the Website & Apps 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 & Apps 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.
   6. You agree that you will not in any way use any device, software, program or other instrument to interfere or attempt to interfere with the proper working of the Website & Apps. In addition, you agree that you will not in any way use any robot, spider, scraper other automatic device, or manual process to monitor, copy, distribute or modify the Website & Apps or the information contained herein.
   7. You may not use the Website & Apps to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
   8. You may not in any way display, publish, copy, print, post or otherwise use the Website & Apps and/or the information contained therein without the express prior written consent of an authorised senior Getit representative.
   9. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
   10. Any failure on the part of you or us to enforce any right in terms hereof shall not constitute a waiver of that right.
   11. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
   12. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
   13. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
   14. These Terms and Conditions contain the whole agreement between you and Getit and no other warranty or undertaking is valid, unless contained in this document between the parties.

 

 

2. Delivery policy
   1. Subject to availability and successful receipt of payment, requests will be processed as soon as reasonably possible, according to the estimated days shown on the cart page and delivery confirmed by way of courier AWB number. Please refer to our Delivery & Returns policy for more information. The Delivery & Returns policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

 

3. Return and Refunds policy
   1. The provision of products and services by Getit South Africa is subject to availability. In cases of unavailability, Getit South Africa will refund the client in full within 30 days. Cancellation of orders by the customer will attract a restocking & handling fee at prevailing market rates. Please refer to our Delivery & Returns policy for more information. The Delivery & Returns policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

 

4. Customer Privacy policy
   1. To register as a user, you must provide a unique username and password and provide certain information and personal details to Getit. You will need to use your unique username and password to access the Website & Apps in order to purchase products.
   2. 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.
   3. For security purposes you agree to enter the correct username and password whenever ordering products, failing which you will be denied access.
   4. Getit South Africa shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "Personal Information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
   5. http://www.polity.org.za/attachment.php?aa_id=3569 .

 

5. Pricing, payments and payment options accepted
   1. 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.
   2. You agree to notify us 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.
   3. Payment may be made via Visa, MasterCard and Electronic Funds Transfer.
   4. You acknowledge that stock of all products on offer is limited and that pricing may change at any time without notice to you. We will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website & Apps. However, we cannot guarantee the availability of stock. When products are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such products. We rely on inventory information supplied by the relevant third party and we accordingly bear no liability for any inaccuracies in the information supplied to us.
   5. Some products on our website offer cashback credit. If you buy a product that offers cashback credit, you will pay the price of the product shown on the cart and checkout pages, and receive cashback credit equal to the difference between the amount you paid and the price of the product shown on the product page when the offer ends ("Getit Price"), as indicated by the timer. The Getit Price decreases as more customers purchase the product, according to the conditions specified on the product page, until the offer ends. Cashback credit will be credited to your Account after delivery of the products to your physical address. For more information, please refer to our How it Works page.
   6. We will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because we may only receive payment from you a few days later, and in the meantime the products might sell out to customers paying immediately.

 

6. Cashback credit and Wallet
   1. Our Websites & Apps provide a Wallet feature in each customer's Account to store cashback credit and to add money as credit ("Credit"). This Credit can be used to purchase products on our Websites & Apps, can be withdrawn to your bank Account and can be transferred to another user of our Websites & Apps. You agree not to use the Credit or Wallet for any illegal, criminal or illicit intent and you are solely and wholly responsible and liable for the way in which you use the Credit, Wallet and 'Transfer Amount to Bank Account' feature. You are solely responsible and liable for the information you enter in the 'Transfer Amount to Bank Account' request. We shall not be liable for any consequences of incorrect or inaccurate information we have received and processed from your 'Transfer Amount to Bank Account' request and the bank transfer we initiate based on this request. You agree not to use the 'Transfer Amount to Bank Account' feature for any illegal, criminal or illicit intent. You also agree to indemnify Getit and its affiliates against any liability, indirect, direct or consequential, resulting from your use of the 'Transfer Amount to Bank Account' feature, Credit and Wallet.
   2. Once you have initiated the transfer of Credit to another user from the Wallet feature, you acknowledge that this transfer is final and irreversible. We shall not be liable for any losses to you, or the user you are transferring the Credit to, that may arise from your mistakes, omissions, or misuse of this feature.
   3. Our Websites & Apps may offer cashback credit on some products. Cashback credit is credited to the customer's account after the products have been delivered to the customer's physical address. This cashback credit may be used to purchase products from our Websites & Apps or may be withdrawn through a bank transfer to your bank account (after we deduct prevailing bank transfer fees and any handling fees that we incur) only from your Account, if it has a positive cashback credit balance. We are not responsible for any harm due to the loss or unauthorised use of your Account, or distribution of the cashback credit. You acknowledge that if you lose access to your Account, the cashback credit balance of the Account may be lost and may not be recoverable. You agree that if any cashback credit amount credited to or debited from your Account is incorrect or done in error, or if you owe us any amount, we can make the necessary adjustment (as a credit or debit) to your Account to adjust the balance. No interest will accrue on any positive cashback credit Account balance. However, we may charge you interest on all amounts due to us that are unpaid.

 

7. Card acquiring and security
   1. Card transactions will be acquired for Getit via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to paygate.co.za to view their security certificate and security policy.

 

8. Customer details separate from card details
   1. Customer details will be stored by Getit separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to paygate.co.za.

 

9. Merchant Outlet country and transaction currency
   1. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

 

10. Warranty on products
    1. Warranties on products ("Warranties") are applicable only to those products for which the Warranty details and conditions are explicitly stipulated on the product page, and only valid according to the stipulated details and conditions. All Warranties are provided by third parties, at their sole discretion, responsibility and liability. When you file a Warranty claim through our Website & Apps, we shall take all reasonable efforts to facilitate and communicate the claim between you and the third party. You acknowledge that we may charge you a handling and delivery fee for costs we incur in the Warranty claim process, and that you will need to pay the handling and delivery fee before we can process your Warranty claim. We shall not be directly, indirectly or consequentially responsible or liable for any Warranties that are displayed on our Website & Apps and for all outcomes of Warranty claims.
    2. Warranty claims may be filed by creating a return request on our Website & Apps from your Account ("Request an RMA)"

 

11. Responsibility
    1. Getit South Africa takes responsibility for all aspects relating to the transaction including sale of products and services sold on this website, customer service and support, dispute resolution and delivery of products.
    2. We shall take all reasonable efforts to accurately reflect the description, availability, prices and delivery charges of products on the Website & Apps. However, should there be any errors of any nature on the Website & Apps (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 to the extent of refunding you for any amount already paid, or otherwise as set out in the Delivery & Returns Policy. We shall not be bound by any incorrect or inaccurate information regarding our products displayed on any third party websites.
    3. We may use third parties from time to time to carry out some of the services that we provide, such as delivery of products. We shall not be responsible or liable for any harm or loss that may be caused to you by any third party that we use.

 

12. Electronic communications
    1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy.

 

13. Ownership and copyright
    1. The contents of the Website & Apps, 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 & Apps (“Content”) are protected by law, including but not limited to copyright and trade mark law. The Content is the property of Getit, its advertisers and/or sponsors and/or is licensed to Getit.
    2. You will not acquire any right, title or interest in or to the Website & Apps or the Content.
    3. Any use, distribution or reproduction of the Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Content, contact us.
    4. Where any of the Content has been licensed to Getit or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

 

14. Country of domicile
    1. This website is governed by the laws of South Africa and Getit South Africa chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

 

15. Variation
    1. Getit South Africa may, in its sole discretion, change this agreement or any part thereof at any time without notice. It is your responsibility to regularly check these Terms and Conditions and make sure that you are up to date and agree with the changes. If you do not agree, you must not use the Website & Apps.
    2. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

 

16. Disclaimer
    1. The use of the Website & Apps is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website & Apps or reliance on any information on the Website & Apps.
    2. Whilst we take reasonable measures to ensure that the content of the Website & Apps 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 & Apps 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.
    3. We disclaim 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 & Apps and/or any content therein unless otherwise provided by law.
    4. The Website & Apps and all information provided on the Website & Apps is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the Website & Apps are not necessarily the views of Getit, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, we also make no warranty or representation, whether express or implied, that the information or files available on the Website & Apps 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. We thus disclaim 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 & Apps.

 

17. Availability and termination
    1. We will use reasonable endeavours to maintain the availability of the Website & Apps, except during maintenance periods, and are entitled to discontinue providing the Website & Apps or any part thereof with or without notice to you.
    2. We may in our sole discretion terminate, suspend and modify this Website & Apps, with or without notice to you. You agree that we will not be liable to you in the event that we choose to suspend, modify or terminate this Website & Apps other than for processing any orders made by you prior to such time, to the extent possible.
    3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any products, 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 & Apps without any prejudice to any claims for damages or otherwise that we may have against you.
    4. We are entitled, for purposes of preventing suspected fraud and/or where we suspect that you are abusing the Website & Apps and/or have created multiple user profiles to take advantage of a promotion or coupon intended by us to be used once-off by you, to blacklist you on our database (including suspending or terminating your access to the Website & Apps), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and us, in whole or in part, on notice to you. We shall only be liable to refund monies already paid by you, after deducting all expenses incurred by us, and we accept no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    5. At any time, you can choose to stop using the Website & Apps, with or without notice to us.

 

18. Linking to third party websites
    1. Our Website & Apps may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and We are not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    2. Notwithstanding the fact that the Website & Apps may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we 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.

 

19. Limitation of liability
    1. Getit cannot be held liable for any inaccurate information published on the Website & Apps and/or any incorrect prices displayed on the Website & Apps, save where such liability arises from the gross negligence or willful misconduct of Getit, its employees, agents or authorised representatives. You are encouraged to contact us on our help & support page to report any possible malfunctions or errors.
    2. GETIT 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 & APPS; OR YOUR INABILITY TO USE THE WEBSITE & APPS, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE & APPS AND/OR ANY LINKED THIRD PARTY WEBSITE.
    3. YOU HEREBY INDEMNIFY GETIT AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE & APPS AND/OR ANY LINKED THIRD PARTY WEBSITE.

 

20. Governing law and jurisdiction
    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website & Apps will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and Getit, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, at location chosen by Getit, notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

 

21. Company information
    1. This website is run by Getit South Africa (private company) based in South Africa trading as
    2. Getit and with registration number 2021/443537/07 and Directors.

 

22. Getit South Africa contact details
    1. Company Physical Address: 2nd Floor, 12 on Palm Boulevard, Gateway, Kwa-Zulu Natal, 4319.
    2. Email: [email protected]