Terms And Conditions
1.1 This website can be accessed at www.almostfree.co.za
1.2 Detailed description of goods and/services:
1.2.1. Tms Projects Pty Ltd(Almost Free and Free) is a business in the e-commerce industry that retails and wholesales products.
2. Delivery Policy
2.1 Subject to availability and receipt of payment, requests will be processed within 2 days and delivery confirmed by way of courier waybill via The Courier Guy.
3. By using the website and by clicking on the “Register” button on the website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
4. Export Restriction:
4.1 The offering on this website is available to South African clients only.
5. The Website enables you to shop online for an extensive range of goods including electronics, home and kitchenware, security, health and beauty products, leather apparel and more(“Goods”).
6. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
6.1 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to contact Tms Projects Pty Ltd(Almost Free and Free) at firstname.lastname@example.org where by the company will explain it to you before you accept the Terms and Conditions or continue using the website.
6.2 Nothing in these Terms and Conditions 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 Tms Projects Pty Ltd(Almost Free and Free) in terms of the CPA.
6.3 Tms Projects Pty Ltd(Almost Free and Free) permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
7. The provision of goods and services by Tms Projects Pty Ltd(Almost Free and Free) is subject to availability. In cases of unavailability, Tms Projects Pty Ltd(Almost Free and Free) will refund the client in full within 30 days. Cancellation of orders by the client will attract a 5 % administration fee.
7.1 Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
8. Use and Registration on the website
8.1 Only registered users may order Goods on the Almost Free and Free website.
8.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Almost Free and Free. You will need to use your unique username and password to access the Website in order to purchase Goods.
8.3 You agree and warrant that your username and password shall:
8.3.1 be used for personal use only; and
8.3.2 not be disclosed by you to any third party
8.4 For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which, you will be denied access.
8.5 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 Almost Free and Free website. In addition, process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Almost Free and Free representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
9. Conclusion of sales and availability of stock
9.1 Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
9.2 Placing Goods in a Wishlist or 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 Almost Free and Free 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.
10. Refunds and Returns
10.1.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology
10.2 Payment Terms and Options
10.2.1 Payment may be made via Visa, MasterCard, Diners or American Express Cards.
10.2.2 Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for 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 Almost Free and Free Website; 10.3 You may contact us via our “Contact Us” page to obtain a full record of your payment. We will also send you email communications about your order and payment.
10.4 Merchant Outlet country and transaction currency
10.4.1 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
11.Card acquiring and security
11.1 Card transactions will be acquired for Tms Projects Pty Ltd (Almost Free and Free) via Walletdoc who are the approved payment gateway for all South African Acquiring Banks. Walletdoc 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 www.walletdoc.co.za to view their security certificate and security policy.
12.1 Tms Projects Pty Ltd (Almost Free and Free) takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
13.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
14.Our responsibility in relation to the ordering, sale and delivery of Goods;
14.1 to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
14.2. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
14.3. 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; or
15. Disclosing your personal information to any third party other than as set out below:
15.1 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;
15.2 to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
15.3 to law enforcement, government officials, fraud detection agencies or other third parties when we believe 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 Terms and Conditions;
15.4. 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;
15.5 to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
15.6 to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address.
15.7 We 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, Almost Free and Free 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.
16. We will ensure that all of our employees, third party service providers, divisions, affiliates 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.
17. Ratings and Reviews
17.1When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
18. We will:
18.1 treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
18.2 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;
18.3 provide you with access to your personal information to view and/or update personal details;
18.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
18.5 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
18.6 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
19. Almost Free and Free undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
20. Whilst we 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.
22. Limitation of liability
22.1 Almost Free and Free cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, where such liability arises from the gross negligence or willful misconduct of Almost Free and Free, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to email@example.com.
22.2 Almost Free and Free shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which may arise from use of, or reliance upon, the website or the content in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
22.3 By accepting these terms and conditions you hereby indemnify Almost Free and Free 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 and/or any linked third party website.
23. Company information
23.1 This website is run by a private company based in South Africa trading as Tms Projects Pty Ltd and with registration number 2019/131352/07 and Damian Krynauw (Director(s)/Member(s)/Owner(s)).
24.1 Tms Projects Pty Ltd may(Almost Free and Free), in its sole discretion, may change this agreement or any part thereof at any time without notice.
25. Country of domicile
25.1 This website is governed by the laws of South Africa and Tms Projects Pty Ltd 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,
14 Appelblaar Avenue Randpark Ridge .
26. Parent Company Contact Details
26.1 Company Physical Address: 14 Appelblaar Avenue Randpark Ridge Johannesburg
Please note: Visitation is available upon appointment basis only
27. Queries and Contact Information
27.1 If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply have a query, you can contact Almost Free and Free at firstname.lastname@example.org.