Refund and Returns Policy

TERMS AND CONDITIONS – ONLINE SALE

1. These terms and conditions of sale (“agreement”) together with the respective terms and conditions of use and Privacy Policy contained on the website, www.allmining.co.za (jointly referred to as “the agreements” and which terms and conditions the customer (“you / yours”) warrants it read and is acquainted with are the terms and conditions by which All Mining  (“us/we/our”) will provide and you will receive any or all of the products and/or services provided by us from our online store (“Shop”). Each order form and any quotations, invoices, delivery notes and receipts submitted, accepted and/or executed by either party is hereby incorporated by reference herein.

1. ELECTRONIC SIGNATURE: For the purposes of this clause, Electronic Signature shall have the meaning ascribed to it in terms of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”). By completing the order form and selecting the “I accept” button, you are signing this agreement electronically. You agree that the Electronic Signature is the legal equivalent of your manual authorised signature on this agreement. By selecting “I accept” you consent to be legally bound by this agreement’s terms and conditions. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature, acceptance and agreement as if actually signed by you in writing. You further agree that no certification authority or other third-party verification is necessary to validate your Electronic Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your Electronic Signature or any resulting contract between you and us. The person who accepts these terms, represents and warrants that he/she is authorised to enter into this agreement for all persons who are authorised to access your accounts and that such persons will be bound by the terms of this agreement. It is recommended that you print a copy of this agreement for future reference.

1. WARRANTIES BY CUSTOMER: You represent and confirm that (i) you are at least 18 years of age, (ii) you possess the legal right and ability to enter into this agreement, (iii) all information submitted by you is correct in any respect, and (iv) the performance of your obligations and use of the products (by you, your staff and users), will not violate any applicable laws, regulations or cause a breach of any agreements with any third parties or unreasonably interfere with other of our customer’s use of other of our products or services, and (v) You will not reproduce, distribute, modify or create derivative works of any content on the Shop without our express written permission. You agree that you will use the products and/or services only for lawful purposes and in accordance with this agreement. You will comply at all times with all applicable laws and regulations in terms of current legislation as amended from time to time. You confirm that there has been no unfair discrimination against you in any way whatsoever in the conclusion of this agreement and you have entered into this agreement of your own free will without any undue influence from us. You are hereby made aware of your right to equality in the consumer market.

1. OUR AUTHORITY: We confirm that (i) we possess the legal right and ability to enter into this agreement, (ii) the selling of the products and related matters, including any gifts or incentives are rendered within the ordinary course of our business, (iii) we may sell the products and provide the gifts or incentives, (iv) the sale of the products and provision of gifts or incentives will not violate any applicable laws, regulations or cause a breach of any agreements with any third parties, (v) you were not approached directly with the view to promote, market or sell the products by us or any of our agents or representatives and (vi) we own all content, trademarks, logos and other intellectual property displayed on the Shop, which is protected by applicable copyright and trademark laws.

1. PRODUCT SPECIFICATIONS: We strive to provide accurate and up-to-date product information on our Shop. However, we do not warrant that the descriptions, images, or specifications of products are entirely error-free. If you encounter any inaccuracies, please contact our customer service team. You confirm that you have selected and examined the suitability of the products prior to purchase. You confirm that the description and type of the products is correct in every respect. You confirm that the products are of an acceptable quality, in good working order and suitable in every respect for the purpose for which they were chosen by you. You confirm that you have provided us, where applicable, with knowledge of the purpose for which the products or services are required by you.

1. SHIPPING AND DELIVERY: We aim to deliver your order within the estimated timeframe provided during checkout. However, delivery times may vary due to external factors beyond our control, including but not limited to product availability, shipping destinations and carrier delays. The estimated delivery times for each shipping method are provided during the checkout process and are subject to change. Any delay or failure in delivery does not entitle you to cancel your order or seek compensation. We offer the following shipping methods for orders placed in our Shop: (a) Standard Shipping: estimated delivery within 7 days from the date of order processing; (b) Expedited Shipping: estimated delivery within 5 days from the date of order processing. Additional charges apply to Expedited Shipping. Shipping costs are calculated based on factors including order weight, shipping method and destination. The shipping costs for your order will be displayed during the checkout process before payment is made. Upon accepting delivery of the products, you may examine the products to satisfy yourself that they are of the type and quality reasonably contemplated in this agreement. You will not take possession of the products if you are not satisfied with the type and quality of the products. We offer international shipping to select countries, subject to the following terms and conditions: (a) for international order, the recipient may be responsible for paying customs and import duties upon delivery. These charges are determined by the destination country’s customs authorities and are the responsibility of the recipient; (b) international delivery times may vary based on the shipping destination and customs processing. Estimated delivery times will be provided during the checkout process; and (c) international orders may include tracking information, which allows you to monitor the status of your shipment. We provide tracking information for orders that include applicable tracking services. You will receive a tracking number and instructions on how to track your shipment via e-mail once your order is shipped. It is your responsibility to provide accurate and complete shipping information. We are not responsible for delays or undelivered orders due to incorrect or incomplete address information provided by you. You are responsible for your own insurance regarding any orders.

1. PRICING AND PAYMENT: All prices listed on the Shop are in specified currency and are subject to change without notice. The total price of your order, including taxes and shipping fees, will be displayed during the checkout process. There may be additional fees or charges associated with your order, such as customs or import duties for international orders. We accept various payment methods including credit and debit cards. Instant EFT, Mobicred, More Thyme, SCode, Scan To Pay, SnapScan, Zapper and RCS. We may offer the option to pay with Payfast. Once you place an order on our Shop, you will receive an order conformation e-mail containing details of our purchase. By providing your payment information, you authorize us to charge the applicable amount for your order. Your payment details will be securely processed. All payments will be made in Z.A.R. Rands without exchange or deduction, free of demand or set-off. Notwithstanding anything to the contrary in the agreements, we expressly reserve the right to alter, change or amend our billing practices including prices and payment facilities in our sole discretion. You will not defer (postpone), adjust or withhold any payment due to us in terms of or arising out of this agreement.

1. ORDER PROCESSING: Upon placing an order, you will receive and order confirmation via e-mail. This e-mail is an acknowledgement of your purchase and does not constitute acceptance of your order. Orders are typically processed within 48 to 72 hours from the date of order confirmation and depending on the funds reflecting in our account. We reserve the right to accept or decline your order at our discretion. In the event of an order cancellation or modification, we will inform you promptly. Products will only be ordered once payment has been received in full.

1. WARRANTY: We strive to provide accurate and detailed product descriptions and specifications for each item listed on our Shop. Product images are for illustrative purposes only and may not exactly represent the actual product. All Products come with a standard manufacturer warranty, the details of which will be provided on the product page. Warranty durations vary by product and manufacturer. Please refer to the specific product listing for warranty details. Warranty coverage may exclude damage caused by misuse, accidents, unauthorized modifications. If you experience a problem with the products then you can contact us sales.allmining@gmail.com.
2. RETURN POLICY: You may initiate a return of eligible products within 7 calendar days of receiving your order. The products must be unused, undamaged and in their original packaging. Products that are not eligible for returns are: (a) products that have been personalized or customized according to your specifications; (b) for health and safety reasons, certain products such as skincare, cosmetics and intimate apparel cannot be returned; and (c) products marked as final sale or listed under clearance. A return can be initiated as follows: (a) contact our customer support team within 7 calendar days of receiving your order; and (b) provide your order number and the reason for the return; then (c) we will provide you with Return Authorisation (RA) number and instructions for the return. You are responsible for return shipping costs, unless the return is due to an error on our part or a defective product. Ensure that the product is packaged securely to avoid damage during transit.

1. REFUND POLICY: In the rare event that you receive a damaged or defective product, contact our customer support team immediately. We will arrange for a replacement or issue a full refund, including return shipping costs. Once we receive the returned product and verify its condition, we may, within our discretion, process the refund. Refunds will be issued to the original payment method used for the purchase. Allow up to 7 business days for the refund to reflect in your account, depending on your payment provider.

1. OWNERSHIP: Ownership of the products in respect of a sale will pass to you upon delivery and payment of the products to and by you.

1. REWARDS POLICY: Our rewards program is open to customers who meet the eligibility criteria determined by us, within our sole discretion. Participation is subject to local laws and regulations. Employees and their immediate family members may, within our sole discretion, be excluded from participating in the rewards program. You may earn rewards as follows: (a) you may earn rewards by making eligible purchases as outlined in the program details. Rewards may be earned based on the total purchase amount, of specific products purchased; (b) you may earn rewards for referring new customers to our Shop. Referral rewards will be provided based on the conditions specified in the referral program. Rewards may include, but not be limited to eligible products, services or discounts on eligible products and or services. Rewards will be credited to your account based on eligible transactions. The accrual rate and terms will be detailed in the rewards program. Rewards may be redeemed as specified in the program. Redemption options, terms and limitations will be communicated through program materials. Rewards may have an expiry date. Expired rewards may not be used or redeemed. We reserve the right to modify, suspend or terminate the rewards program at any time without prior notice. Changes may include adjustments to reward accrual rates, redemption options or program rules. Participants will be notified of significant changes via appropriate channels. You are responsible for maintaining accurate and up-to-date account information in our rewards program. You are responsible for safeguarding your rewards account and associated login credentials. We are not liable for unauthorized use of your account. We reserve the right to disqualify participants or terminate accounts for violations of program rules, fraud, abuse, or any other reason within our sole discretion. Your participation in our rewards program may involve the collection and use of personal information as outlined in our Privacy Policy.

1. RESELL POLICY: Only authorised resellers are permitted to resell our products. Authorisation is granted by us, within our sole discretion, subject to the conclusion of a formal reseller agreement. Unauthorised reselling is strictly prohibited. Authorisation may be subject to specific terms and conditions, including minimum order quantities, pricing guidelines and adherence to our branding guidelines.

1. RISK: Risk of all damage, loss or destruction of the products will pass to you upon delivery of the products. In addition to the aforementioned, the products should at all times be used in accordance with manufacturer instructions by responsible, authorised and mature persons, solely for the purpose the products were designed and for which it is purchased. If the products are used contrary to the aforementioned it may cause injury. We not accept any liability for any death, injury, loss, damage to property or economic loss of any nature whatsoever caused as a result of the use of the products in contravention of this clause.

1. USE OF PRODUCTS: You will at all times ensure that the products are used with due skill and care and only in the manner and for the purposes for which they are designed and will not make any alterations or modifications to the products without our prior written consent. You will at all times use the products with due care and attention and will, properly maintain the products so as to keep them in good order and condition.

1. VAT: we are a registered VAT Vendor and all payments due to us shall include permissible VAT as amended from time to time.

1. ADDITIONAL WARRANTY: In addition to any warranty pertaining to the products, we confirm that the products are reasonably suitable for the purpose for which they are intended, are of good quality in good working order and free of any visible defects, will be durable and usable for a reasonable period of time and comply with any applicable standards set in the Standards Act. Save for the warranties contained in this agreement, we give no other warranties or makes no other representations in respect of any aspect of the products.

1. INDEMNITY: In addition and subject to any indemnities contained in the agreements, you agree to indemnify and hold us harmless against any losses, costs, expenses, claims, damages, liabilities, penalties, actions, proceedings or judgments, resulting from any claim, suit, action, application or any proceeding brought by any third party against you related to or arising out of the agreements or the use of the services and/or products, provided that we or our employees, agents, representatives have not been grossly negligent or committed any willful act or omission.

1. TERMINATION AND BREACH: In addition to any other rights it may have under the agreements or applicable law, we may immediately terminate this agreement or suspend services at our sole discretion, effective with or without notice, in the event of (i) payment default, or (ii) your breach or failure to comply with any other obligation you have under the agreements. You may terminate this agreement if we breach any material term or condition of the agreement and fail to cure such breach within ten (10) business days after receipt of written notice of same. You will also pay to us all expenses incurred by us in exercising any of our rights under this agreement or applicable law with respect to a payment default or other breach by you, including but not limited to attorneys fees on an attorney own client scale, permissible collection charges and costs and the fees of any collection agency retained by us and other disbursements including costs incurred by us in proving our claim in the event of the death, incapacity, insolvency or liquidation of you and in taking steps to protect our interests in terms hereof.

1. FORCE MAJEURE: If we are prevented by force majeure from delivering products, or performing any other obligation, then we will be excused our performance for as long as such cause continues. Force majeure will include but not be limited to civil commotion, riot, war, threat or preparation for war, fire, flood, earthquake, labour dispute, failure of gas, water, electricity or other services, interruption of transport, law, pandemic, rule or regulation of any Government or other authority, or any cause beyond our reasonable control.

1. AUTHORITY: Every natural person signing on behalf of any juristic person personally warrants that the signing of this agreement by the natural person on behalf of the juristic person concerned, is within the scope of its powers, objects and authority, does not contravene any provisions of any relevant legislation, all necessary steps have been taken by the juristic person to give the signatory the power to execute this agreement on behalf of the juristic person. If any juristic person intended to be bound by this agreement is not bound by this agreement for any reason whatsoever then the person signing on behalf of that juristic person shall be bound as Surety in the place of such juristic person and he shall conclusively be deemed to have signed this agreement in his personal capacity.

1. SERVICE ADDRESS: The parties select as their respective domicilia citandi et executandi (service address) the physical addresses set out on the order form or this agreement. Likewise the parties choose all the addresses set on the order form or this agreement for the purposes of giving or sending any other notice provided for or required hereunder, or such other physical address or e-mail address as may be substituted by notice given as herein required. Unless the contrary is proved, any notice to be given by any party to another shall be deemed to have been duly received by the other party (a) if delivered to the addressee’s domicilium by hand during business hours on a business day, on the date of delivery thereof, (b) if sent per registered mail on the day the registered mail was sent, & (c) if sent per e-mail to the addressee on the date of transmission, provided that it has been transmitted on a business day during normal business hours.

1. CREDIT AGREEMENT: The agreements, escpesially  this agreement concluded between us and you is not a credit agreement/facility in that we did not undertake to defer your obligation to pay any part of the cost of the services and/or products rendered/sold or to repay to us any part of an amount in respect of the services rendered or products sold, nor did the parties agree that any charges, fee or interest would be claimed in respect of any amount owing, and therefore the National Credit Act No. 34 of 2005 (“NCA”) is not applicable to the agreements.

1. CONSUMER PROTECTION ACT: To the extent that this agreement is subject to the Consumer Protection Act (“CPA”) then, if any provision of this agreement which conflicts with any provision of the CPA, the provision of the CPA will apply.

1. POPI: For the purposes of this clause, Personal Information will have the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013 (“POPI”). You acknowledge that the completion of the order form and the acceptance of these terms and conditions will result in us obtaining Personal Information from you. We undertake to process your Personal Information in terms of the conditions contained in Chapter 3 of POPI. You will have the rights as contained in section 5 of POPI. For further information regarding our privacy policies, please view the terms of use of the website contained on this website.

1. GENERAL: Invalidity: If any provision of this agreement is judged to be invalid, the validity of any other provision shall not be affected and the invalid provision shall be deemed to be deleted; provided however that the parties shall use their reasonable endeavors to achieve the purpose of the invalid or unenforceable provision by a new legally valid provision. Entire Agreement: This agreement sets forth the entire understanding of the parties with regard to the subject matter hereof and supersedes all prior discussions, memoranda of understanding, protocols of intent and similar writings with regard hereto. The parties waive the right to rely on any alleged express provision not contained in this agreement. No Representations: None of the parties may rely on any representation which allegedly induced that party to enter into this agreement, unless that representation is recorded in this agreement. Variation, termination and waiver: No contract varying, adding to, deleting from or cancelling this agreement, and no waiver of any right under this agreement, shall be effective unless reduced to writing and signed by or on behalf of all the parties. Indulgences: No indulgence granted by a party nor the partial exercise by any party of any power, right or privilege shall constitute a waiver or abandonment of any party’s powers, rights or privileges under this agreement and that party accordingly shall not be precluded, as a consequence of having granted that indulgence or partially exercised any power, right or privilege, from the exercise of that, or any other power, right or privilege, which may have arisen in the past or which may arise in the future. Cession and delegation: You may not cede your rights nor delegate your obligations without the prior written consent of Connie, which consent shall not be unreasonably withheld. Applicable Law: The interpretation, construction and effect of this agreement and the rights and obligations of the parties hereto shall be governed by the laws of the Republic of South Africa. Survival of terms: The expiration or termination of this agreement shall not affect such of the provisions of this agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clause themselves do not expressly provide for this. Counterparts: This agreement may be executed by the parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Prevailing terms: If there is any conflict between these terms and conditions and the application form, these terms and conditions shall prevail. Independent: the parties are independent contractors and this agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between them. Successors and Assigns: Except as otherwise provided herein, this agreement shall bind and endure to the benefit of and be enforceable by the parties and their successors and assigns.