Terms and Conditions

Xcetera Terms and Conditions of Sale

Notice:
If your annual turnover or asset value is under R2 million, you have protections under the Consumer Protection Act, 2008. Some clauses in these terms may not apply to you, including:

  • Cancelling your order after acceptance.
  • Rights regarding delivery delays.
  • Returns of custom orders.
  • Risks related to defective goods.
  • Limits on liability for serious issues.
  • Certain enforcement costs.

Protection of Personal Information:
Xcetera Corporation CC follows the Protection of Personal Information Act (POPIA). We only collect essential personal information (like names and contact details) for processing your orders. You must keep this information confidential, as breaches could lead to liability.

WhatsApp Communication:
Communicating with us via WhatsApp is at your own risk, as we cannot guarantee confidentiality.

Placing Orders and Pricing:
When you order from us, you agree to these terms. Orders can be made by phone, email, fax, or online. We are only committed to your order once we confirm it in writing or deliver the goods. You can cancel within 7 days, but a 15% restocking fee may apply. Custom orders cannot be returned.

Prices are based on our current price list at the time of delivery, excluding VAT and delivery fees. You'll receive monthly statements, and payments should follow agreed terms.

Payment Terms and Delivery:
Payments must be made in full as per your terms. A 2.5% discount applies if you pay by the 25th of the month after delivery. Overdue accounts incur 2% interest per month.

Goods are considered delivered when you unload them or pick them up. We are not liable for delivery delays. If you refuse delivery, you may still owe for the goods.

Returns and Risk:
You assume risk for the goods upon delivery, but we retain ownership until full payment is made. Medicines or refrigerated items can only be returned if there was an error, within 14 days, and proof of proper storage must be provided. Other returns are accepted for order errors, defects, or recalls reported within 48 hours.

Indemnity:
You agree to indemnify Xcetera against claims from third parties related to the goods, unless caused by our fault.

Breach of Agreement:
We may suspend deliveries or cancel orders if:

  • Payments are overdue.
  • You enter business rescue or liquidation.
  • Ownership changes.
  • Your credit application is incorrect.

Limitation of Liability:
Xcetera is not liable for indirect damages. Our liability is limited to replacing the goods or refunding the purchase price.

General:
These terms are the complete agreement. Any changes must be in writing. Xcetera can transfer its rights, but you cannot transfer your obligations without consent.

Legal Costs and Jurisdiction:
If you breach these terms, you agree to cover collection costs. Legal matters are handled by the Magistrate's Court.

Notice Delivery:
Notices must be sent via hand, email, or fax and are considered received upon delivery.

Privacy Policy

Introduction:
Your privacy is important to us. Here’s how we handle your data:

  • Minimal Data Collection: We only collect what’s necessary.
  • Limited Sharing: We share data only to meet legal requirements or improve our services.
  • Control & Deletion: You can request control over or deletion of your data.

Information We Collect:

  • Non-Personal Data: General data to improve services.
  • Personal Data: Information like email or payment details, shared only as needed.

Your Rights:

  • Object to data processing.
  • Withdraw consent.
  • Request data deletion or correction.

Terms of Use

By using our website, you agree to these terms. Users must be 18 or older or have guardian permission.

Website Use License:
Xcetera owns the site content and allows you to view and print for personal use only. You cannot:

  • Republish or sell content.
  • Modify or redistribute content without permission.

Acceptable Use:
Do not misuse our website or introduce harmful software.

Restricted Access:
Some areas may be restricted. Keep your login details confidential to avoid termination.

Warranties & Liability:
We do not guarantee the accuracy of website information and are not liable for losses due to website use.

Indemnity:
You agree to indemnify Xcetera against losses from your breach of these terms.

Updates:
These terms can be updated at any time, with the new terms taking effect upon posting.

Governing Law:
These terms are governed by South African law.