Terms & Conditions
TERMS AND CONDITIONS FOR USE OF THIS WEBSITE
THOLA AFRICA (PROPRIETARY) LIMITED TRADING AS THOLA AFRICA
Thola Africa creates social impact by providing a digital platform to sub-scale manufacturers (“manufacturers”), to help increase and grow their businesses. Thola Africa is an e-commerce platform which acts as a conduit that allows customers, such as you (“you”), to purchase a selection of curated African products directly from the manufacturers.
Thola Africa facilitates the transaction between you and the manufacturer. Thola Africa’s role is limited to that of a facilitator and therefore these terms and conditions govern those aspects of the transaction where Thola Africa plays a role (“terms and conditions”). You are therefore advised to carefully read and understand this document before using the website to transact with manufacturers.
By accessing, using and/or transacting with manufacturers through the Thola Africa website with address https://staging1.tholaafrica.com/ (“website“), you shall be deemed to have agreed to all these terms and conditions.
Thola Africa may at any time modify these terms and conditions and your continued use of the website will be subject to the terms and conditions in force at the time of your use. Any such modifications will be done without giving notice to you. It is your responsibility to ensure that you read these terms and conditions regularly in order to ensure that you are up to date with any changes. You, therefore, agree to review these terms and conditions periodically, and your continued access or use of the website shall be deemed to be your acceptance of the amended terms and conditions of the website.
You understand and accept that any notices (e.g., letters of demand, summons, and similar formal legal notices) which you may wish to deliver to us, need to be sent to the notices address provided in these terms and conditions.
Disputes arising out of transactions, such as the quality of the products purchased, delays in delivery, incorrect sizes or other aspects of the products are governed by Thola Africa’s terms and conditions and must be directed at the Thola Africa.
Use of the Website
You will be required to open an account on the website if you wish to purchase products from the manufacturers. You agree to be financially responsible for any financial transactions which you undertake through the website (as well as for use of your account by others). You confirm that you will not allow any person under the age of 18 to use your account. You must ensure that the details, such as your username and password, that you use to access the website are kept secure and are not disclosed to third parties.
You agree to abide by these terms and conditions, insofar as they relate to any transactions and/or purchases or other services for which fees and or payment may be charged.
You also undertake to pay all amounts when they become due. Further, you shall comply with all rules and restrictions regarding rates and charges, as well as, in respect of the availability of products. You shall be completely responsible for all payments, charges, fees, duties, taxes, and assessments arising out of the use of this website.
The content of the Website
Whilst every effort is made to regularly update the information provided on this website, Thola Africa makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information contained on any of the pages comprising the website.
Thola Africa reserves the right at any time to change or discontinue, without notice, any aspect, feature, product(s) or service offered by way of this website. No opinions, information, data or content contained on the website shall be construed as advice and are offered for information purposes only.
Thola Africa gives no warranties and makes no representations as to the accuracy, completeness or reliability of any such opinions, information, data, content or products or services, particularly insofar as they may be made by manufacturers.
Sale Products and Description
Thola Africa acts as a conduit through which manufacturers offer a selection of African crafts, ranging from clothing, accessories, and homeware (“the product(s)”). The products are available for purchase in accordance with these terms and conditions.
Thola Africa reserves the right, at its sole discretion to prevent the sale of the product(s) to you, where it has reasonable grounds for doing so.
Pricing of Products
The price of each product will be displayed on the website. The prices will vary depending on the type of product(s) being sold. Information such as that listed below may be displayed to ensure that you are aware of the product/s being offered
Name and description of the product(s);
Weight, dimensions, the profile of the product(s); and
Availability of the product(s)
To purchase a product, you will need to create an account with us. You will be required to provide your personal information such as name(s), delivery address, telephone numbers and/or email address. You will then be required to provide billing information as detailed below.
Depending on the method of payment, you will be required to provide Thola Africa with your card and/or banking information, in order for us to process your payment of the invoice. Thola Africa will also ensure that your information is kept in a secure manner. In turn, you will need to ensure that you use safe and authorised links to our website and will also keep your account information safe and secure. Thola Africa will not be held liable for any damages that you may suffer if unauthorised access is gained to your account, where it is not at fault.
It is important to remember that Thola Africa is acting as a conduit between you and the manufacturer. Therefore, its role, insofar as payment is concerned, is simply to secure payment from you of the invoice we send you. Thola Africa passes payment onto the manufacturer.
Method of Payment
Payment for the product/s can be made using the following methods:
Electronic Funds Transfer;
Delivery and shipping costs are charged over and above the product price for orders under R1,000.00 (one thousand rands). The delivery costs will be a fixed charge for delivery in South Africa of R99.00 (ninety-nine rands), provided that this charge may increase annually.
You hereby agree that this transaction constitutes an electronic transaction as defined in the Electronic Communications and Transactions Act No. 25 of 2002 (“ECTA”) and that a binding agreement has been concluded between you and Thola Africa.
You hereby authorise Thola Africa to deduct the amounts set out in the invoice for the purchase of the product/s, from your chosen method of payment. Ownership of the product will only pass to you once you have placed the order and the payment has been duly received by Thola Africa.
Thola Africa confirms that it will ensure that the payment system used is sufficiently secure and it will take all reasonable measures to ensure that acceptable standards are complied with.
Delivery and Periods
Thola Africa has nominated Parcelninja as the preferred supplier for deliveries. You may use this link https://www.parcelninja.com/how-it-works.html to access Parcelninja’s terms and conditions as the process of delivery will be governed in terms of such separate terms and conditions. It is your responsibility to ensure that you familiarise yourself with ParcelNinja’s terms and conditions. Neither Thola Africa nor the manufacturer is responsible for your failure to acquaint yourself with such terms and conditions.
Return and Refund Policy
The Thola Africa will refund products on condition that they have not been used and are still in their original packaging and condition and returned within fourteen (14) days of delivery. The delivery costs will not be at your expense.
Please be aware that, in instances where you purchased the products as a result of direct marketing, e.g., where you received a marketing email or were called to market the product, you and Thola Africa will have further rights and obligations. These rights and obligations are set out in section 44 of the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”) and section 16 of the Consumer Protection Act, 68 of 2008 (“CPA”).
A full record of the transaction and/or purchases you make will be kept online and available to you by accessing your user account.
Neither the manufacturer nor Thola Africa guarantees that the product(s) will be suitable for your intended purpose.
Thola Africa will use reasonable measures to maintain full website system available to you except during scheduled maintenance periods or circumstances beyond our control. Any such scheduled maintained will be communicated to you by way of notice on the website for your convenience.
Copyright and Intellectual Property Right
This website is solely for your personal, non-commercial use. Copyright and all intellectual property rights in all materials made available through this website are either owned by Thola Africa or the manufacturer. Alternatively, Thola Africa or the manufacturer is the lawful user thereof and are protected by both South African and international intellectual property rights laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights.
The trademarks, names, logos and service marks (“collectively “trademarks“) displayed on this website are registered and unregistered trademarks of Thola Africa or the manufacturer; alternatively, Thola Africa or the manufacturer are the lawful users of the trademarks. Nothing contained on this website should be interpreted as granting any license or right to use any trademarks without the prior written permission of Thola Africa or the manufacturer. Please do not use Thola Africa’s or the manufacturer’s intellectual property without getting our express prior written permission.
Thola Africa may, for your convenience, provide external links on this website. These external links are beyond Thola Africa’s control and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links, you must refer to that external website’s terms and conditions of use because they may contain separate and different terms to Thola Africa’s terms and conditions. It is your duty to ensure that you carefully review and consider those terms before accepting them. You may not create any hypertext links from any website, whether controlled by you or otherwise, to this website without Thola Africa’s express prior written permission.
You acknowledge and agree that Thola Africa and/or the manufacturer shall be entitled to establish the authenticity of any communication transmitted to it by way of the Internet which purports to emanate from you. You agree that all instructions, consents, commitments, reservations and any other communications which purport to emanate from you and which are sent to Thola Africa or the manufacturer by way of the Internet and which may (as a result of, amongst others, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by Thola Africa or the manufacturer and you will be bound by such details with no liability of whatever nature attaching to Thola Africa or the manufacturer in regard thereto. In essence, we are not responsible if someone intercepts the information you send us and changes it, resulting in you, we or the manufacturer suffering any harm.
You waiver off any rights you may have or obtain against Thola Africa or the manufacturer arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer because of the fact that Thola Africa or the manufacturer acts on your instructions or instructions purported to emanate from you. You agree to and hereby indemnify Thola Africa and the manufacturer against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Thola Africa or the manufacturer has acted on your instructions or instructions which purport to emanate from you.
You warrant that every instruction and all information you give to Thola Africa or the manufacturer shall be accurate, true and correct.
Thola Africa makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, any products provided via this website or the suitability of any of the products for a particular purpose.
As Thola Africa acts simply as a conduit between you and the manufacturer, via the Internet, neither Thola Africa nor the manufacturer make any representations, or give any warranties or guarantees of any nature as to the availability of any communications network or systems of any third party on whom you, the manufacturer or Thola Africa rely to provide and/or supply any of the products.
This website is viewed over a secured connection. Any information provided by you on this website cannot be viewed by anyone else over the Internet.
Any claim, dispute or impasse relating to these terms and conditions shall be governed by the laws of the Republic of South Africa, without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the Magistrates Court of South Africa in respect of any disputes arising out of our relationship or the relationship you have with the manufacturer.
You understand that these terms and conditions constitute the entire agreements between you and Thola Africa. Any prior agreements or arrangements previously made between us and Thola Africa, concerning the respective relationships, will no longer apply.
You understand that if Thola Africa fails or delays in exercising any of its rights under these terms and conditions, such exercise or delay will not be regarded as Thola Africa having waived their rights.
You understand that the headings in this document are for convenience only and not for use in the interpretation of these terms and conditions.
If any clause of these terms and conditions is found to be unlawful, it will be removed but the remaining clauses will be applicable.
Any delay or failure to comply with or breach of any of these terms and conditions by a party, if occasioned by or resulting from a force majeure event, or any circumstances of like or different nature, beyond the reasonable control of the party, will not be considered to be a breach of these terms and conditions or the Thola Africa’s terms and conditions. For purposes of these terms and conditions force majeure means an act of God or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any Government or other authority, compliance with Government orders, demands or regulations. As a result, it will not make either party liable to the other.
If such events continue to occur for a period longer than 30 days, such party will be entitled to cancel any obligation given under these terms and conditions or the Thola Africa terms and conditions.
Thola Africa shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to your use of or reliance on any information provided on and via the website or any pages of the website, any e-mails sent from the website, services provided via this website, any viruses that may infect your computer or other property on account of your access to and/or use of this website, use of content, data or information made available via the website, any failure, delay or unavailability of the website or the product/s or services offered via the site for any reason whatever and the supply, or failure or delay in supplying any of the product/s or services offered via the website.
You indemnify and hold harmless Thola Africa in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which you or any third party may suffer as a result of or which may be attributable, directly or indirectly, to anything listed in this clause.
In compliance with section 43(1) of ECTA, Thola Africa’s details are provided below for ease of reference to you:
Full Names and Legal Status Thola Africa Non-Profit Company (NPC)
Registration NumberPlace of Registration 2018/549207/08Johannesburg
Physical Address Block F 2nd Floor Mellis Park, Cnr Autumn, and Millis Road, Rivonia, Gauteng, 2146
Website and Email Address [email protected]
You need to carefully review these terms and conditions before you accept them electronically in order to ensure that you understand their contents. If you are uncertain about a particular clause, you should seek clarification. You understand that this is a legal document which affects your rights.