Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to A&J Plastics! The terms "we", "us" and "our" refer to A&J Plastics. A&J Plastics operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). A&J Plastics is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age, being the age of majority in South Africa in terms of the Children's Act 38 of 2005, or that you have the consent of a parent or legal guardian to use the Services. You confirm that you have given consent to any minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, you may be asked to provide certain information, including your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services. However, colours or product appearance may differ from how they appear on your screen due to your device type, settings and configuration.
We do not warrant that the appearance or quality of any products purchased will meet your expectations or be exactly as depicted in our online store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region or jurisdiction.
In terms of the Consumer Protection Act 68 of 2008 (CPA), consumers have the right to receive goods that are of good quality, safe, and fit for the purpose for which they are generally intended.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. A&J Plastics reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until A&J Plastics confirms acceptance, and payment has been received and processed.
Please review your order carefully before submitting, as A&J Plastics may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, amend, or cancel an order, we will attempt to notify you via the email address, billing address, or phone number provided at the time of ordering.
Your purchases are subject to return or exchange solely in accordance with our Returns Policy [LINK] and applicable South African consumer legislation, including the CPA.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
All prices are displayed in South African Rand (ZAR). Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation.
Unless otherwise expressly stated, posted prices are inclusive of VAT at the applicable rate in terms of the Value-Added Tax Act 89 of 1991, where applicable. Shipping and handling charges may be added separately.
Prices in our online store may differ from those offered in our physical store or by third-party retailers. Promotions are governed by their own terms, which will prevail in the event of any conflict with these Terms.
You agree to provide accurate and complete payment and account information for all purchases. You warrant that (i) your payment information is true, correct and complete; (ii) you are authorised to use the chosen payment method; (iii) charges incurred will be honoured by your financial institution; and (iv) you will pay all charges at posted prices, including any applicable shipping and handling fees and VAT.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by courier companies, or events outside our control.
Once products are transferred to the courier or carrier, risk of loss or damage passes to you. We recommend that you inspect your order upon receipt and report any damage or discrepancies immediately in accordance with our Returns Policy and the CPA.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, images, graphics, product reviews, video and audio, and the design and arrangement thereof, are owned by A&J Plastics, its affiliates or licensors and are protected by South African and international copyright, trademark and intellectual property laws, including the Copyright Act 98 of 1978 and the Trade Marks Act 194 of 1993.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Services without our prior written consent.
A&J Plastics's names, logos, product and service names, designs and slogans are trademarks of A&J Plastics or its affiliates or licensors. You may not use such trademarks without our prior written permission. Shopify's name, logo and related marks are trademarks of Shopify Inc. All other marks belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we do not monitor or control. Such tools are provided "as is" and "as available" without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools. Use of such tools is entirely at your own risk.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain hyperlinks to third-party websites. We are not responsible for the content, accuracy or practices of any third-party sites. If you access such sites, you do so at your own risk. Complaints or queries regarding third-party products or services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
A&J Plastics is powered by Shopify. However, all sales and purchases are made directly with A&J Plastics. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any transaction between you and A&J Plastics, including any injury, damage or loss resulting from purchased products. You hereby release Shopify and its affiliates from all claims arising from your transactions with A&J Plastics.
SECTION 10 - PRIVACY POLICY
All personal information we collect is subject to our Privacy Policy [LINK] and is processed in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). By using the Services, you acknowledge that you have read and understood our Privacy Policy.
As the Services are hosted by Shopify, Shopify may collect and process personal information about your use of the Services. Information submitted may be shared with Shopify and third parties in other jurisdictions. Please review our Privacy Policy [LINK] for full details.
SECTION 11 - FEEDBACK
By submitting any ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received; and (iii) your Feedback complies with these Terms. We are under no obligation to maintain your Feedback in confidence, compensate you for it, or respond to it.
You agree that your Feedback will not violate any third-party rights or contain unlawful, abusive or harmful content. You are solely responsible for any Feedback you submit.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any such errors and to cancel orders where information is inaccurate, without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only, in accordance with South African law including the Electronic Communications and Transactions Act 25 of 2002 (ECT Act) and the Cybercrimes Act 19 of 2020. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon intellectual property rights; (d) to harass, harm, or defame any person; (e) to transmit false or misleading information; (f) to send unsolicited commercial communications (spam); (g) to impersonate any person or entity; or (h) to engage in conduct that restricts or inhibits anyone's use of the Services.
You further agree not to: (a) upload or transmit malicious code; (b) reproduce, sell or exploit any portion of the Services; (c) collect personal information of others; (d) use automated tools, bots, scrapers or AI agents to access the Services without authorisation; or (e) bypass any security or access controls on the Services. We reserve the right to suspend or terminate your account at any time for any violation of these Terms.
SECTION 14 - AGENTS
14.1 This section applies if you use, allow, enable or deploy an Agent to access or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person without direct supervision.
14.2 No Agent may access the Services unless it fully complies with the requirements in section 14.4 below, or if we have requested that it refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses the Services.
14.4 Agents must: (i) identify themselves and disclose the Agent name in all HTTP/HTTPS request headers using the format "Agent/[agent name]"; (ii) not conceal that interactions are from an Agent; (iii) respond truthfully when asked whether interactions are from a human or computer; and (iv) not circumvent any measures intended to block, limit or control Agent access to the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice, at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Privacy Policy, and any provisions that by their nature should survive.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information on the Services is provided for general information purposes only. We do not warrant its accuracy, completeness or usefulness.
EXCEPT AS EXPRESSLY STATED BY A&J PLASTICS OR AS REQUIRED BY THE CONSUMER PROTECTION ACT 68 OF 2008 OR OTHER APPLICABLE SOUTH AFRICAN LAW, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOTHING IN THESE TERMS LIMITS ANY RIGHTS YOU MAY HAVE UNDER THE CPA OR OTHER APPLICABLE LEGISLATION.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY SOUTH AFRICAN LAW, INCLUDING THE CONSUMER PROTECTION ACT 68 OF 2008, A&J PLASTICS, ITS PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES. NOTHING IN THIS SECTION SHALL LIMIT LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless A&J Plastics, Shopify, and their respective affiliates, officers, directors, employees, agents and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms; (2) your violation of any applicable law or the rights of a third party; or (3) your access to and use of the Services.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable under applicable South African law, that provision shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with any policies posted on the Services, constitute the entire agreement between you and A&J Plastics regarding your use of the Services, and supersede all prior agreements and communications.
SECTION 21 - ASSIGNMENT
You may not transfer or assign this agreement or any of your rights or obligations without our prior written consent. We may transfer or assign these Terms and our rights and obligations without notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the jurisdiction of the South African courts. You and A&J Plastics consent to the jurisdiction of the courts of the Gauteng Division, Pretoria.
Disputes may also be referred to the National Consumer Commission (NCC) or the relevant Consumer Goods and Services Ombud (CGSO) in terms of the Consumer Protection Act 68 of 2008.
SECTION 23 - HEADINGS
Section headings are included for convenience only and do not limit or affect the interpretation of these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or replace any part of these Terms at any time by posting changes to our website. It is your responsibility to check this page periodically. We will notify you of any material changes in accordance with applicable South African law, including the ECT Act. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be directed to us at:
Pouwels Plastics (Pty) Ltd, trading as A&J Plastics 18 Eland Street, Koedoespoort Industrial, Pretoria, 0186 📧 sales@ajplastics.co.za 📞 012 333 7328 [INSERT BUSINESS REGISTRATION NUMBER] [INSERT VAT NUMBER]