XIGAZA AFRICA (PTY) LTD – TERMS AND CONDITIONS

These Terms and Conditions govern the use of the online store operated by Xigaza Africa (Pty) Ltd, trading as Xigaza Collection (“Xigaza Africa”, “we”, “us”, “our”). Xigaza Africa is a private company duly incorporated in the Republic of South Africa (Registration Number: 2024/188000/07). By accessing our website, purchasing our products, or engaging with our services, you agree to be bound by these Terms and Conditions, our Privacy Policy, and all applicable laws of the Republic of South Africa, including the Protection of Personal Information Act 4 of 2013 (“POPIA”).

1. Definitions and Interpretation

In these Terms and Conditions: ‘Website’ refers to www.xigaza.com or any other domain operated by Xigaza Africa; ‘Customer’, ‘you’ or ‘your’ refers to any person accessing or using our Website or purchasing our products; ‘Products’ means any goods offered for sale by us on the Website; Headings are for convenience only and do not affect interpretation.

2. Eligibility and Age of Majority

By using our Website, you confirm that you are at least 18 years old, or, if you are under 18, you have the consent of a parent or legal guardian to do so. We reserve the right to request proof of age.

3. Compliance with Laws

You agree not to use our Website or Products for any unlawful purpose, including infringement of intellectual property rights, unauthorised distribution, or in violation of any applicable laws of South Africa.

4. Product Information and Availability

We take reasonable care to ensure that all details, descriptions, and prices of Products appearing on the Website are accurate; however, errors may occur. We reserve the right to refuse orders where Product information has been published incorrectly, including prices and promotions.

5. Orders and Payment

All orders are subject to acceptance and availability. We reserve the right to refuse any order. Prices are in South African Rand (ZAR) and inclusive of VAT, unless otherwise stated. Payment must be made in full prior to dispatch of goods.

6. Delivery

We will deliver Products to the address specified in your order within the estimated delivery period, subject to any delays outside our reasonable control. Risk in the Products passes to you upon delivery.

7. Returns, Exchanges, and Refunds

We comply with the Consumer Protection Act 68 of 2008 (CPA). Customers may return Products within 7 days of receipt if they are defective, not fit for purpose, or incorrectly supplied. Products must be returned in their original packaging with proof of purchase.

8. Privacy and Data Protection

We process your personal information in accordance with our Privacy Policy and POPIA. By using our Website, you consent to such processing and warrant that all information provided by you is accurate. We will not share your personal information with third parties without your consent, unless required by law.

9. Intellectual Property

All content on the Website, including logos, images, text, graphics, and product designs, is owned by or licensed to Xigaza Africa. You may not reproduce, distribute, or use such content without our prior written consent.

10. Limitation of Liability

To the fullest extent permitted by law, Xigaza Africa shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Website or purchase of Products. Our total liability shall not exceed the amount paid by you for the relevant Product.

11. Indemnity

You agree to indemnify and hold harmless Xigaza Africa, its directors, employees, and agents against any claims, losses, or damages resulting from your breach of these Terms.

12. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.

13. Changes to Terms

We reserve the right to amend these Terms at any time. Changes will be posted on our Website, and your continued use of the Website constitutes acceptance of such changes.

14. Contact Information

For queries regarding these Terms, please contact us at info@xigaza.com.