Plazma South Africa is a business in the baked goods/snack food industry that sells and delivers products.

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

• may limit the risk or liability of Plazma South Africa or a third party; and/or
• may create risk or liability for the user; and/or
• may compel the user to indemnify Plazma South Africa or a third party; and/or
• serves as an acknowledgment, by the user, of a fact.

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Plazma South Africa to explain it to you before you accept the Terms and Conditions or continue using the Website. 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 Plazma South Africa in terms of the CPA. Plazma South Africa 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.

Website users may place orders for Plazma Products, which Plazma South Africa may accept or reject. Whether or not Plazma South Africa accepts an order depends on the availability of Plazma Products, the correctness of the information relating to the Plazma products (including without limitation the price) and receipt of payment or payment authorisation by Pay Gate for the Plazma Products. NOTE: Plazma South Africa will indicate the acceptance of your order by delivering the Plazma products to you or allowing you to collect them, and only at that point will an agreement of sale between you and Plazma South Africa or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Plazma South Africa stating that your order or payment has been confirmed. Plazma South Africa will indicate the rejection of your order by canceling it and, as soon as possible thereafter, refunding you for any amount already paid.

Prior to delivery or your collection of the Plazma Products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. No refunds of delivered/collected or unused products are acceptable. You acknowledge that stock of all Plazma products on offer is limited and that pricing may change at any time without notice to you. In the case of Plazma products for sale by Plazma South Africa, Plazma South Africa 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. However, we cannot guarantee the availability of stock. When Plazma products are no longer available after you have placed an order, Plazma South Africa will notify you and you will be entitled to a refund of any amount already paid by you for such Plazma Products. Plazma products may not be purchased for resale. Should we suspect that any such Plazma products are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology. Whether the Plazma products are for sale by Plazma South Africa, payment may be made for Plazma products via the following methods(depending on its availability and/or your eligibility to use such a method)

• debit card: where payment is made by debit 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 Plazma products will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Plazma Products. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
• 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 Plazma products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Plazma Products. 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;

Card acquiring and security

Card transactions will be acquired for Plazma South Africa 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 www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by Plazma South Africa separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

Merchant Outlet country and transaction currency

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

Plazma South Africa offers 2 (two) methods of delivery of Plazma products to you. You may elect delivery via:

• courier; or
• self-collection.

Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out. Where it accepts your order, Plazma South Africa will deliver the Plazma products to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Plazma products during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Plazma Products.

If you elect to cancel your order, we will reimburse you for the purchase price. When you check out, you will see the applicable delivery charges in your cart Plazma South Africa’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Plazma South Africa 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.

At Plazma South Africa, customer satisfaction is our top priority. If for any reason you are not completely satisfied with your purchase, you may return it within [30] days of the purchase date for a full refund.

Return Requirements:

• The product must be in its original, unopened condition with all packaging and components included.
• Proof of purchase (order number, receipt, etc.) must be provided.
• Customers are responsible for the cost of return shipping.

Refund Process:

• Once we receive and inspect the returned product, we will process the refund within [7] business days.
• Refunds will be credited to the clients payment method.
• Customers are responsible for the cost of return shipping.

Exceptions:

• Custom or special order items are not eligible for return or refund.
• Products that have been damaged or altered are not eligible for return or refund.

If you have any questions or concerns regarding our return and refund policy, please contact us at info@plazma.co.za.

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price, and delivery charges of Plazma products 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. Plazma South Africa shall not be bound by any incorrect information regarding Plazma products displayed on any third-party websites.

Plazma South Africa 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.

This website is governed by the laws of South Africa and Plazma South Africa chooses as its domicilium citandi et executandi for all purpose sunder this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature 54 Viafirenze Fountains, Lombardy, Pretoria, 0087.

Plazma 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: http://www.lawsofsouthafrica.up.ac.za/index.php/current-legislation.

Plazma South Africa may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions 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 such 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 Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

When you visit the Website or send emails to us, you consent to receiving communications from us electronically in accordance with our Privacy Policy.

The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, 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 Plazma South Africa, its advertisers, and/or sponsors and/or is licensed to Plazma South Africa. 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 Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our Help Centre. Where any of the Website Content has been licensed to Plazma South Africa 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.

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website. Whilst Plazma South Africa takes reasonable measures to ensure that the content of the Website is accurate and complete, Plazma South Africa makes 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 Plazma South Africa’s representatives, Plazma South Africa shall not be bound thereby. Plazma South Africa 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. Although Plazma products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website 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.

Any views or statements made or expressed on the Website are not necessarily the views of Plazma South Africa, its directors, employees, and/or agents. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Plazma South Africa 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 risks 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 Plazma South Africa, its employees, agents or authorised representatives. Plazma South Africa thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

Plazma South Africa cannot 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 Plazma South Africa, its employees, agents, or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help Centre. PLAZMA SOUTH AFRICA 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. YOU HEREBY INDEMNIFY PLAZMA SOUTH AFRICA 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.

We 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. Plazma South Africa may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Plazma South Africa 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 Terms and Conditions, including any incident involving payment of the price of an order for any Plazma 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 without any prejudice to any claims for damages or otherwise that we may have against you. Plazma South Africa shall only be liable to refund monies already paid by you (see Plazma South Africa’s Returns Policy in this regard), 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 can choose to stop using the Website, with or without notice to Plazma South Africa.

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 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. In the event of any dispute arising between you and Plazma South Africa, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Plazma South Africa hereby selects 54 Fountains, Lombardy Estate, Shere 84, Pretoria, South Africa as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Plazma South Africa may change this address from time to time by updating these Terms and Conditions. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Plazma South Africa not less than 7 days notice in writing. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent:

• by hand will be deemed to have been received on the date of delivery;
• by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
• 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” FUNCTION to serve as proof that an email has been received.

If you have a complaint about the Plazma products or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Help Centre on the Website or you can contact our call centre on 082 893 8972.If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Plazma products and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are:  Website:http://www.cgso.org.za/ Share call: 0860 000 272 Email: complaints@cgso.org.za

Plazma South Africa 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 Terms and Conditions to any third party. Any failure on the part of you or Plazma South Africa 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 terms and conditions will remain in full force and effect. 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. These Terms and Conditions contain the whole agreement between you and Plazma South Africa and no other warranty or undertaking is valid, unless contained in this document between the parties.

• Company Physical Address: 54 Viafirenze Fountains, Lombardy, Pretoria, 0087
• Email: info@plazma.co.za
• Telephone: 012 443 6476