General Terms and Conditions

Terms and Conditions

TERMS OF SERVICE

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OVERVIEW

This website is operated by Medi Supplies . Throughout the site, the terms “we”, “us” and “our” refer to Medi Supplies offers this website, including all information, tools and services available from this site(medisupplies.co.za) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
We are authorized to sell all the products and services on our web store.

These Terms and Conditions are binding and enforceable against every person (“you” or “your”) that accesses or uses this Website and/ or purchases products from medisupplies.co.za (the “Store”)

1. This website can be accessed at medisupplies.co.za related mobi-sites and software applications (the “medisupplies.co.za”).
2. By using the Website and by clicking on the “I Accept” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
3. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
4. If there is any provision in these Terms and Conditions that you do not understand, you may click on the “Contact Us” link and request that medisupplies.co.za explain it to you before you accept the Terms and Conditions or continue using the Website.
5. 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 medisupplies.co.za in terms of the CPA.
6. medisupplies.co.za permits the use of this Website subject to these 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 these Terms and Conditions.

Use of the Website

1. 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 involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person 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.
2. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. You also agree that all content including any material, 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 (the “Content”) belongs to medisupplies.co.za and you shall not therefore in any way use any robot, spider, other automatic device, or manual process to monitor, copy, reverse engineer, distribute or modify the Website or the information contained herein, without the prior written consent from medisupplies.co.za.
3. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4. 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 medisupplies.co.za.

Ordering of Products

1. When you place an order for a product, your order is subject to product availability. You acknowledge that stock of all products on the Website and at any Store is limited and that pricing may change at any time without notice to you. medisupplies.co.za will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are removed from the Website. medisupplies.co.za cannot guarantee the availability of stock. If you order a product on the Website or any Store and that product is no longer available after payment, medisupplies.co.za will notify you and you will be entitled to a refund of any amount already paid by you for such products.
2. Prior to delivery or your collection of the products you ordered; you may cancel an order at any time provided you do so before receiving a dispatch or collection notice e-mail from the medisupplies.co.za. After delivery or your collection of the products, you may return such products only in accordance with the medisupplies.co.za Returns Policy.
3. Before you make payment on the Website, you will have the opportunity to review any order for products that you have ordered.
4. You may pre-order products that are newly launched prior to availability on the Website.
5. Pre-Orders can only be secured by making a full payment or partial payment as may be set out on this Website or as may be advised by an medisupplies.co.za representative in the Store.
6. medisupplies.co.za will endeavour to ensure that pre-orders are fulfilled as soon as stock is available, however on occasion there may be delays due to supply constraints.
7. You may cancel your pre-order prior to collection or delivery and medisupplies.co.za will refund the amount you paid to secure the product.

Waiting list:

1. To keep the waiting list fair for all our customers, we have put the following rules in place;
2. First come, first served - The waiting list will be run centrally and stock will be allocated on a first come, first served basis.
3. Pricing - Please note that due to the fluctuating exchange rate we cannot confirm that pricing will remain the same by the time your product is available to be purchased. There is a chance that it may increase or decrease at time of purchase. In order to secure the current pricing, please place a pre- or back-order on medisupplies.co.za, email sales@medisupplies.co.za .Please note that this is only available for cash purchases.
4. Weekly/Monthly updates - Updates based on your selected product will be sent weekly via email. Once the product has arrived, you will have 48 hours from when it is ready to be purchased to make your way to store to do so. If not purchased within this time, the unit will be allocated to the next person on the waiting list. Please do not call our call centre or ask the social media team for updates, if it’s urgent, please contact online@medisupplies.co.za

Payments

You will be able to make use of the following means of payment for any of the medisupplies.co.za products: Cash in ZAR currency (only in a Store)

Debit Card (only in a Store)
Credit card;
medisupplies.co.za vouchers, coupons or gift cards; and
Instant EFT (only on the Website);

1. medisupplies.co.za takes extensive steps to ensure that all transactions are secure. All transactions made through the Website are encrypted. You acknowledge that transactions that are performed over the internet may be vulnerable to being intercepted. medisupplies.co.za will not be liable for any loss that you way suffer as a result of any interception.
2. Where payment is made by credit card, medisupplies.co.za 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 products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the 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.
3. medisupplies.co.za reserves the right at any time and without giving you any advance notice to make changes to the prices of goods and to correct any pricing errors that may inadvertently occur.

Delivery and Collection

1. When you order the products off the Websites you may elect to either: collect the products at any Store branch identified on the Website; or
2. request that the products be delivered to you.

Delivery:

1. All orders will carry a courier fee.
2. medisupplies.co.za will perform deliveries through a third party service provider. You may be required to provide a valid form of identification when your order is delivered.
3. medisupplies.co.za is not liable for any incorrect order or delivery where you make an error in the information that you provide to the Chekout on medisupplies.co.za e.g. if you provide the incorrect delivery address or submit an incorrect order.
4. You acknowledge that the delivery of your order may be impacted by events beyond medisupplies.co.za control such as adverse weather conditions or industrial action. medisupplies.co.za is not liable for late deliveries of products purchased through the Website. medisupplies.co.za will, however, try to ensure a smooth delivery process.

Collection:

1. If you elect to collect the products from a Store, the Website will present a list of collection points that have or will have the products that you have ordered. You may then select the collection that you will be able to collect the products from (the “Collection point”).
2. If a product is not stocked in a particular Store, you will not be able to select that Store as the Collection Store on the Website.
3. The availability of the stock at the Collection Branch is as at the time the transaction is processed on the Website and the product may subsequently become unavailable between the time you completed the transaction and the time you go to collect the products from the Collection Branch. If the product becomes unavailable after the transaction of the Website, medisupplies.co.za will inform you and advise when the product may be available at that Collection Branch. You may then elect another Collection Branch, to have the order delivered to a delivery address or cancel the order and the medisupplies.co.za will make a refund to you.
4. After successfully completing the transaction on the Website, you will receive a confirmation e-mail advising you of the status of your transaction and the Collection Branch you have chosen. You will further receive another email or SMS with collection instructions. The medisupplies.co.za will also advise you when your products are ready for collection at the Collection Branch. Please do not attempt to collect the products from the Collection Branch prior to receiving communication from the medisupplies.co.za that your order is ready for collection (the “Collection Notice”).
5. A store consultant will assist you at the Collection Branch and will require you to present valid identification in the form of a RSA ID document, passport or a drivers license
6. If you fail to collect your order from the Collections Branch within 7 days from the date of the Collection Notice, medisupplies.co.za may cancel the order and refund you.

Returns

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 (which means that it forms part of these Terms and Conditions).

Errors

1. medisupplies.co.za shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website or the Store. However, should there be any errors of whatsoever nature on the Website or Store (which are not due to medisupplies.co.za’s gross negligence), medisupplies.co.za 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.
2. medisupplies.co.za shall not be bound by any incorrect information regarding the products displayed on any third-party websites.

Privacy

1. Please refer to our Privacy Policy incorporated by reference (which means that it forms part of these Terms and Conditions).
2. Changes to these Terms and Conditions
3. medisupplies.co.za 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.
4. 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.

Disclaimer

1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
2. Whilst medisupplies.co.za takes reasonable measures to ensure that the content of the Website is accurate and complete, medisupplies.co.za 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 medisupplies.co.za’s representatives, medisupplies.co.za shall not be bound thereby.
3. Although the products sold from the Website or a medisupplies.co.za 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.
4. In addition to the disclaimers contained elsewhere in these Terms and Conditions, medisupplies.co.za 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 risk 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 medisupplies.co.za, its employees, agents or authorised representatives. medisupplies.co.za thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Linking to third party websites

1. This Website may contain links or references to other websites (“Other Websites”) which are outside of medisupplies.co.za control. These Terms and Conditions do not apply to those Other Websites and medisupplies.co.za is not responsible for the practices and/or privacy policies of those Other Websites or the “cookies” that those sites may use.
2. Notwithstanding the fact that the Website may refer to or provide links to Other Websites, your use of such Other 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 Other Websites or your reliance on any information contained thereon.

Limitation of liability

1. medisupplies.co.za 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 medisupplies.co.za, its employees, agents or authorised representatives.
2. To the extent permissible by law, medisupplies.co.za will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising out of your use of any of the medisupplies.co.za products.
3. medisupplies.co.za will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising including but not limited to, your use of this Website, activity on the Website and or any linked Other Websites.
4. You hereby indemnify medisupplies.co.za and hold it harmless against any loss or damage you or any third party may suffer as a result of your use of this Website, any Other Website and/or the medisupplies.co.za products.

Availability and termination

1. medisupplies.co.za 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.
2. medisupplies.co.za may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that medisupplies.co.za 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.

Complaints and notice

1. All complaints and queries should be sent by email to online@medisupplies.co.za
2. Any legal notices that you give medisupplies.co.za under this contract must be sent by registered post Unit 38 Bridgeway office Park, 434 Sam Green Road, Rietfontein, Germiston, South Africa. Medisupplies.co.za
3. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent - by hand will be deemed to have been received on the date of delivery;
4. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
5. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All e-mail communications between you and medisupplies.co.za must make use of the “Read Receipt” function to serve as proof that the e-mail has been received.
6. Where medisupplies.co.za needs to give you any notice as provided for in these Terms and Conditions or provide additional information about the products and services supplied to you, medisupplies.co.za will do so by sending you an email or posting a notice on this Website. You hereby consent to medisupplies.co.za providing you with notices or information in this way.

Governing law and jurisdiction

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.
2. In the event of any dispute arising between you and medisupplies.co.za, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
3. Nothing in this clause 15 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

General

1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
2. Any failure on the part of you or medisupplies.co.za to enforce any right in terms hereof shall not constitute a waiver of that right.
3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
4. 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.
5. If you need to obtain a sales record of your transaction to buy products through the medisupplies.co.za Website, you can contact medisupplies.co.za within 30 days of the transaction.
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.
7. These Terms and Conditions contain the whole agreement between you and medisupplies.co.za and no other warranty or undertaking is valid, unless contained in this document between the parties.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at online@medisupplies.co.za, alternatively sales@medisupplies.co.za