Website – shall mean any website, link, portal or any online service, whether provided by Match Trading or another service provider selling Match Trading products.
Match Trading – means Match Trading Cape CC, a Close Corporation Duly Incorporate in terms of the laws and regulations of the Republic of South Africa.
User/Consumer – means any person, entity, legal person, agent or accessory that accesses the Match Trading Website or utilises and service, product or equipment thereupon.
Consumer Protection Act (CPA) – means the Consumer Protection Act 68 of 2008 and shall include any amendments thereto.
Goods – means any Goods, Products or Services provided or rendered by Match Trading or a Third Party Seller via the Match Trading Website.
2.1 This website can be accessed at www.matchtrading.co.za or www.matchtrading.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Match Trading Cape CC and may hereinafter be referred to as “Match Trading Cape”, “we”, “us” and “our”
2.2 These Website Terms and Conditions (“Terms and Conditions”) is the sole document govern the ordering, sale and delivery of Goods, Service, Products, and the use of the Website.
2.3 These Terms and Conditions are binding and enforceable against every person that accesses, is accessory to use or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”, “Account”, “Activate Account” or “Create” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
2.4 The Website enables you to shop online for an extensive range of tools and products. (“Goods”).
2.5 Match Trading Cape allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Match Trading Cape will indicate on the relevant product pages and checkout pages when Goods are for sale by a Third Party. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Match Trading Cape. This will be made clear in the relevant clauses.
3.1 These Terms and Conditions apply to all users, including those who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
3.2 These Terms and Conditions contain the following provisions, which are not limited to provisions that
3.2.1 may limit the risk or liability of Match Trading or a third party; and/or
3.2.2 may create risk or liability for the user; and/or
3.2.3 may compel the user to indemnify Match Trading or a third party; and/or
3.2.4. serves as an acknowledgement, by the user, of a fact.
3.2.5 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
3.2.6 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Match Trading to explain it to you before you accept the Terms and Conditions or continue using the Website.
3.2.7 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 Match Trading in terms of the CPA or any other applicable Act.
3.2.8 Match Trading permits the use of this Website subject to the Terms and Conditions contained herein. By accessing or using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. Should you not agree to the Terms and Conditions of this Website, you will not be permitted to transact thereupon.
4.1 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 hereto (which means that it forms part of these Terms and Conditions).
5.1 Only registered users may order Goods, Products and Services on the Website.
5.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Match Trading. You will need to use your unique username and password to access the Website in order to purchase Goods, Products or Services.
5.3 You agree and warrant that your username and password shall:
5.3.1 be used for personal use only; and
5.3.2 not be disclosed by you to any third party.
5.3.3 You agree to absolve Match Trading of any responsibility arising from whatever nature, should any other party access the Website via your login username and password.
5.3.4 For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
5.3.5 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 and/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.
5.3.6 You agree to notify Match Trading 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.
5.3.7 By using the Website 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 only with the supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person herewith expressly 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 as if that person concluded the transaction on their own accord.
5.3.8 You agree that you will not in any way misuse any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior express and written consent from an authorised Match Trading representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
5.3.9 You may not use the Website to distribute material which is competitive, defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
5.3.10 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Match Trading representative.
6.1 Registered users may place orders for Goods, Products and Services, which Match Trading or the Third Party Seller may accept or reject. Whether or not Match Trading or the Third Party Seller accepts an order depends on the availability of Goods, Products and Services, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Match Trading for the Goods, Products or Services.
6.2 NOTE: Match Trading or the Third Party Seller will indicate the acceptance of your order in writing and thereafter by delivering the Goods or Products to you or allowing you to collect such Goods or Products, and only at that point will an agreement of sale between you and Match Trading or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Match Trading stating that your order or payment has been confirmed. Match Trading will indicate the rejection of your order (by Match Trading itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid. Although Match Trading will updates its Website daily and will further endeavour to ensure that all Products on the Website are in stock, it may take up to three months to order an item currently out of stock. Should a situation arise where you have paid for an out of stock item, you will be contacted with the option to wait for the Product or be reimbursed the purchase price.
6.3 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. Once a dispatch/delivery notice is sent via email/sms it is assumed that you have received it. We cannot take responsibility for incorrect email/phone numbers or for failure to check email/sms messages timeously. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy. Please note that penalties and cancellation fees and costs may apply.
6.4 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. You cannot hold Match Trading or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you only complete or attempt to complete the purchase cycle at a later stage.
6.5 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice. In the case of Goods for sale by Match Trading, Match Trading will take all reasonable steps 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 Goods are no longer available after you have placed an order, Match Trading will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
6.6 In the case of Goods for sale by a Third Party Seller, Match Trading relies on inventory information supplied by the relevant Third Party Seller and Match Trading accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute shall be between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions and in that of the Third Party Seller’s Terms and Conditions.
6.7 Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for re-sale, we are entitled to cancel your order immediately on notice to you.
6.8 We reserve the right to limit the amount of products a customer can purchase.
6.9 Please see details relating to Pre-orders / Ordering out of stock items in our FAQ’s: Pre-Order / Ordering out of stock, which are incorporated by reference.
7.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
7.2 Whether the Goods are for sale by Match Trading or a Third Party Seller, payments can be made for Goods via at least one, but not necessarily all of the following methods
7.2.2 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 for the amounts. Should we do not receive the requisite authorisation, your order for the Goods will be cancelled. You expressly warrant that you are fully authorised to use the credit card supplied for purposes of paying 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 Website. To help prevent fraudulent transactions there is a per transaction limit of R10 000 for credit card payments, please contact us at email@example.com should you require this limit to be increased;
7.2.3 direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Match Trading will not accept your order if payment has not been received;
7.2.4 Instant EFT;
7.2.5 Gift Voucher/cards
7.2.6 cash on delivery (except where any of our exclusions apply, as listed in our FAQ); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.
7.3 The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
7.4 You may contact us via our email firstname.lastname@example.org to obtain a full record of your payment. We will also send you email communications about your order and payment.
7.5 Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
8.1 Match Trading offers 2 (two) methods of delivery of Goods. You may select delivery via:
8.1.1 courier; or
8.1.2 self-collection (only once notified via email that your order is ready for collection).
8.2 For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. 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.
8.3 Where your order is accepted, Match Trading or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days after receipt of your payment (“Delivery Period”). Should such delivery be impossible, we will notify you that we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether you wish to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price as soon as possible.
8.4 Match Trading’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. Match Trading is not responsible for any loss or unauthorised use of a product, before, during or after it has delivered the product to the physical address nominated by you.
8.5 Delivery can only take place during week day office hours. Orders placed outside of these hours will be processed as soon as possible during the following week day office hours. For example, orders placed on a weekend will be processed the following week.
8.6 Delivery cannot be made to PO boxes or any address where there is no-one to sign for delivery.
8.7 Failed deliveries where no-one is available to accept the goods at the specified address shall attract additional charges. For example (but not limited to) if the package has to be returned to the sender and then re-sent. These charges will be payable by the person who placed the original order and must be settled before another delivery attempt is made.
9.1 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, we cannot be held 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.
9.2 Match Trading shall not be bound by any incorrect information regarding our Goods displayed on any Third Party websites.
10.1 Match Trading may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Goods. Gift Vouchers and Coupons can only be redeemed while valid and their expiry dates cannot be extended. More specifically:
10.2 Gift Vouchers
10.2.1 Gift Vouchers that are purchased by registered users are valid for 3 years after Sale. Gift Vouchers that Match Trading gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
10.2.2 Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
10.2.3 Match Trading is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
10.3.1 There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“)
10.3.2 Coupons are issued in Match Trading’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason and without notice (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under the authority of Match Trading and specific terms and conditions regulate when and how they may be used.
10.3.3 As a general rule, and unless specified otherwise on the specific Coupon itself:
10.3.3.1 each Coupon can only be used once;
10.3.3.2 only one Coupon can be used per order;
10.3.3.3 only one Coupon can be used on the Website per person per promotion/campaign;
10.3.3.4 Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000;
10.3.3.5 where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
10.3.3.6 a Coupon must be used at check-out – it cannot be used later on existing orders; and
10.3.3.7 the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
10.3.4 Coupons cannot be used to buy Gift Vouchers or other Coupons and cannot be exchanged or refunded for cash or credit. Match Trading is not responsible for any harm as a result of the loss, unauthorised use or distribution of a Coupon.
10.3.5 If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us at email@example.com to confirm if the Coupon is still valid. If Match Trading confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
10.3.6 You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Match Trading, before you are able to use a Coupon.
11.1 Match Trading will indicate on relevant product and checkout pages when Goods are for sale by a Third Party Seller. In such cases Match Trading only provides the online platform to facilitate transactions between Third Party Sellers and customers. Match Trading is neither the buyer nor the seller of these Goods unless otherwise specified.
11.2 The Sale on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is solely between the registered user and Third Party Seller. Match Trading is not a party to that sale and shall not be liable for any reason whatsoever relating to the transaction.
11.3 The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller shall further be responsible to provide an invoice to the registered user if required.
11.4 Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
11.5 Match Trading wants the registered user to have a safe and consistent experience, Match Trading will handle any returns under the CPA, the Electronic Communications and Transactions Act 2002 (“ECT Act”) or any other act which may apply, by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Match Trading’s own Returns Policy. Should such claim escalate into being a dispute, although Match Trading is entitled to become involved in an attempt to resolve it, Match Trading is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller without the involvement of Match Trading.
12.1 Match Trading may, in its sole discretion and without notice, change any of these Terms and Conditions at any time. It is your sole 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 utilise the Website or services offered by Match Trading.
12.2 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.
14.1 The contents of the Website, including any material, intellectual property, 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 (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Match Trading, its advertisers and/or sponsors and/or parners/or is licensed to Match Trading.
14.2 You will not acquire any right, title or interest in or to the Website or the Website Content, without our express written consent.
14.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in writing by Match Trading. To obtain permissions for the commercial use of any Website Content contact us via email at firstname.lastname@example.org.
14.4 Where any of the Website Content has been licensed to Match Trading 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.
15.1 This Website 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 Match Trading shall not be responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that found on such sites.
15.2 Notwithstanding the fact that the Website 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.
16.1 Match Trading 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 Match Trading, its employees, agents or authorised representatives. Should you encounter a problem, you are encouraged to contact us to report any possible malfunctions or errors by way of email to email@example.com.
16.2 MATCH TRADING 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 AND/OR ANY LINKED THIRD PARTY WEBSITE. -3. YOU HEREBY INDEMNIFY MATCH TRADING 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.
17.1 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 at any time.
17.2 Match Trading may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Match Trading will not be liable 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.
17.3 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 Goods, 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.
17.4 Match Trading is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Match Trading to be used once-off by you, to blacklist you on its and Third Party Providers databases (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Match Trading, in whole or in part, on notice to you. Match Trading shall only be liable to refund monies already paid by you (see Match Trading’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.
17.5 At any time, you can choose to stop using the Website, with or without notice to Match Trading.
18.1 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 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.
18.2 In the event of any dispute arising between you and Match Trading, you hereby consent to
the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
18.3 Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA for the appropriate relief.
19.1 Match Trading hereby selects 56 Connaught Road, Beaconvale, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Match Trading may change this address from time to time by updating these Terms and Conditions.
19.2 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 Match Trading not less than 7 days’ notice in writing.
19.3 Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent
19.3.1 by hand will be deemed to have been received on the date of delivery;
19.3.2 by prepaid registered post, will be deemed to have been received 7 days after the date of posting;
19.3.3 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.
20.1 For the purposes of the ECT Act, Match Trading’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: Match Trading Cape CC Reg. No 2007/086462/23
Main business: Engineering and supplier
Physical address for receipt of legal service (also postal and street address): 56 Connaught Road, Beaconvale, Parow
Phone number: +27 21 931 82821
Email address: firstname.lastname@example.org
21.1 Match Trading 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.
21.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
21.3 Any failure on the part of you or Match Trading to enforce any right in terms hereof shall not constitute a waiver of that right.
21.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
21.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and publicised on the Website.
21.6 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.
21.7 These Terms and Conditions contain the whole agreement between you and Match Trading and no other warranty or undertaking is valid, unless contained in this document between the parties.