Terms and Conditions
Welcome to Apex Trading Ltd. (“we,” “us,” “our”). These Terms and Conditions (“Terms”) govern your use of our website, apextradingltd.co.za (“Website”), and the purchase of our products, including but not limited to High-Quality Pearl Millets, High-Quality Mixed Millets for Bird Feed, High-Quality Yellow Millets, High-Quality Raw Chickpeas Grade A, 100% Natural Rapeseed Seeds/First Grade, Premium Quality 100% Natural White Jasmine Rice, High-Quality Red Sorghum Seeds, 100% Natural Hardwood Acacia Charcoal, and other similar products (collectively referred to as “Products”). By using our Website or purchasing our Products, you agree to these Terms. Please read them carefully.
1. General Terms
1.1 Eligibility
By using our Website or purchasing our Products, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into and comply with these Terms.
1.2 Amendments
We reserve the right to modify these Terms at any time. Any changes will be posted on our Website, and it is your responsibility to review these Terms regularly. Continued use of our Website or purchase of our Products after any such changes constitutes your acceptance of the new Terms.
2. Products and Services
2.1 Product Descriptions
We strive to ensure that our Products are described as accurately as possible on our Website. However, we do not warrant that the descriptions, images, or any other content available on the Website are accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in an unused condition.
2.2 Product Availability
All Products are subject to availability. We reserve the right to limit the quantity of Products we supply, supply only part of an order, or to discontinue any Product without notice, even if you have already placed your order.
2.3 Pricing
All prices on our Website are subject to change without notice. We reserve the right to modify the prices at any time, but such changes will not affect orders that have already been accepted.
2.4 Order Acceptance
Your order is an offer to purchase our Products. We reserve the right to accept or decline your order at our discretion. If we accept your order, we will send you a confirmation email. If we do not accept your order, we will notify you, and no payment will be taken.
3. Payment Terms
3.1 Payment Methods
We accept various payment methods as detailed on our Website. By providing a payment method, you represent that you are authorized to use the payment method you provided and that you authorize us to charge your payment method for the total amount of your order, including any applicable taxes and shipping fees.
3.2 Payment Processing
All payments are subject to verification and approval. We are not responsible for any delay in order processing due to issues with payment verification.
3.3 Currency
All prices are listed in Rands and USD (ZAR&USD), unless otherwise noted. If you are purchasing from outside South Africa, your financial institution may apply foreign currency exchange rates and fees.
4. Shipping and Delivery
4.1 Shipping Policy
We offer various shipping options, which are detailed on our Website. Shipping costs are calculated at checkout based on your location and the weight of your order. Delivery times are estimates and may vary depending on your location.
4.2 Customs and Duties
If you are ordering from outside South Africa, your order may be subject to customs duties and taxes imposed by your local customs authority. You are responsible for paying any such duties and taxes.
4.3 Risk of Loss
The risk of loss or damage to the Products passes to you upon delivery of the Products to the shipping carrier. We are not responsible for any loss, damage, or delay caused by the shipping carrier.
5. Returns and Refunds
5.1 Return Policy
We want you to be satisfied with your purchase. If you are not satisfied with your Products, you may return them within 14 days of receipt for a refund or exchange, subject to the conditions outlined in our Return Policy, which is available on our Website.
5.2 Refunds
Refunds will be issued to the original payment method within a reasonable time after we receive and inspect the returned Products. Shipping fees are non-refundable, and you are responsible for the return shipping costs unless the return is due to our error.
5.3 Exchanges
If you wish to exchange a Product, please contact our customer service team within 14 days of receipt. Exchanges are subject to Product availability.
6. Intellectual Property
6.1 Ownership
All content on our Website, including but not limited to text, graphics, logos, images, and software, is the property of Apex Trading Ltd. or our content suppliers and is protected by South African and international copyright laws.
6.2 License
We grant you a limited, non-exclusive, non-transferable license to access and use our Website for your personal, non-commercial purposes. This license does not include any right to resell our Products, use our Website or its contents for commercial purposes, or modify or create derivative works based on our content.
6.3 Trademarks
All trademarks, service marks, and trade names used on our Website are the property of Apex Trading Ltd. or our licensors. You may not use any of these without our prior written consent.
7. Limitation of Liability
7.1 No Warranties
Our Products and services are provided “as is” and “as available,” without any warranties of any kind, whether express or implied. We do not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components.
7.2 Limitation of Liability
To the fullest extent permitted by law, Apex Trading Ltd. shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in any way connected with the use of our Website or Products.
7.3 Maximum Liability
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you for the Products in question.
8. Indemnification
You agree to indemnify, defend, and hold harmless Apex Trading Ltd., its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of our Website or breach of these Terms.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or your use of our Website shall be subject to the exclusive jurisdiction of the courts located in South Africa.
10. Termination
We reserve the right to terminate or suspend your access to our Website, without notice, for conduct that we believe violates these Terms or is harmful to our interests, including but not limited to actual or suspected fraud or abuse.
11. Miscellaneous
11.1 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.2 Entire Agreement
These Terms constitute the entire agreement between you and Apex Trading Ltd. concerning your use of our Website and purchase of our Products and supersede any prior agreements or understandings, whether written or oral.
11.3 Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
12. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Apex Trading Ltd.
Email: support@apextradingltd.co.za
Phone: +27 (0)11 123 4567
Address: 206 North Reef Rd, Germiston, 1401
Last Updated: [20-03-2021]