Terms & Conditions of Sale

1. About Us

Crofthive Pty Ltd ("Crofthive", "we", "us", "our") is a company registered in South Africa, operating an online store at crofthive.co.za. We sell physical products that are delivered to Consumers throughout South Africa.

Our company registration details and contact information are at the end of our Privacy Policy. For all queries, see the contact details at the bottom of this page.

2. Definitions

In these Terms, unless the context indicates otherwise:

• "Consumer" means any natural person or qualifying juristic person who purchases Goods from Crofthive, as defined under the CPA.
• "Goods" means any physical products listed and sold on the Crofthive website.
• "Order" means a request submitted by a Consumer to purchase Goods from Crofthive.
• "Website" means crofthive.co.za and any associated subdomains or platforms.
• "CPA" means the Consumer Protection Act 68 of 2008, as amended.
• "ECTA" means the Electronic Communications and Transactions Act 25 of 2002.
• "POPIA" means the Protection of Personal Information Act 4 of 2013.
• "Parties" means Crofthive and the Consumer collectively.

3. Acceptance of Terms

By accessing the Website and/or placing an Order, you confirm that you:

• are at least 18 years of age, or have the consent of a parent or legal guardian;
• are legally capable of entering into a binding contract under South African law;
• have read, understood, and agree to be bound by these Terms in their entirety.

If you do not agree with any part of these Terms, you must not proceed with any purchase on the Website.

4. Orders & Contract Formation

All Orders placed on the Website constitute an offer by the Consumer to purchase Goods. No binding contract is formed until Crofthive confirms acceptance by sending an Order Confirmation email to the Consumer.

Crofthive reserves the right to decline or cancel any Order where:

• the Goods ordered are out of stock or discontinued;
• there has been a pricing or product description error on the Website;
• payment has not been successfully received or verified;
• the Order appears fraudulent or in violation of these Terms.

If an Order is cancelled after payment is received, Crofthive will issue a full refund via the original payment method within 30 days.

5. Pricing & Payment

All prices are in South African Rand (ZAR). Crofthive is not currently registered for VAT, so no VAT is charged. Crofthive reserves the right to change prices at any time; price changes will not affect already-confirmed Orders.

In the event of an obvious pricing error (such as a product listed at R0.00), Crofthive is not obliged to honour the incorrect price and will notify the Consumer and offer a full refund or the option to purchase at the correct price.

Payment is by credit or debit card (Visa and Mastercard), processed securely by Paystack. Crofthive does not store card details.

6. Delivery

6.1 Delivery Areas

Crofthive delivers to addresses within South Africa only.

6.2 Delivery Timeframes

Estimated delivery timeframes are provided at checkout and in the Order Confirmation email. These are estimates only and are not guaranteed. Crofthive aims to dispatch Goods within 2-3 business days of payment confirmation; standard delivery thereafter typically takes 3-5 business days depending on location.

Delays may occur due to courier capacity, public holidays, remote locations, or load shedding.

6.3 Delivery Charges

Delivery fees are calculated at checkout based on delivery address and order size. Free delivery may be offered on qualifying Orders as indicated on the Website from time to time.

6.4 Risk and Ownership

Risk in the Goods passes to the Consumer upon delivery to the specified address. Ownership passes only once full payment has been received and cleared.

6.5 Failed Delivery

If delivery fails because the Consumer was unavailable or provided an incorrect address, re-delivery charges may apply. Crofthive will not be liable for loss resulting from incorrect delivery information supplied by the Consumer.

6.6 Inspection on Receipt

Consumers are encouraged to inspect Goods upon delivery. Any damage or incorrect items must be reported to Crofthive within 48 hours of receipt.

6.7 Collection

Consumers may choose to collect their Order instead of having it delivered. Once payment is confirmed, Crofthive will contact the Consumer to arrange a collection time.

7. Returns, Exchanges & Refunds

7.1 Implied Warranty of Quality (CPA Section 56)

All Goods sold by Crofthive are subject to the implied warranty of quality under the CPA. Goods must be reasonably suitable for their general purpose, of good quality, in good working order, free of defects, and durable for a reasonable period.

If Goods fail to meet this warranty within 6 months of delivery, the Consumer may return the Goods and elect one of the following remedies: repair, replacement, or a full refund. Crofthive will cover the cost of returning defective Goods.

7.2 General Right to Return (CPA Section 20)

Subject to the exclusions in clause 7.4, Consumers may return Goods and receive a full refund or exchange within 10 calendar days of delivery, provided that the Goods are:

• in their original, unused, and undamaged condition;
• in their original packaging with all tags, labels, and accessories intact;
• accompanied by the original proof of purchase.

To start a return, contact us before sending any items back. We will provide return instructions and a reference number within 2 business days. Return shipping costs for non-defective returns are the Consumer's responsibility unless Crofthive made an error with the Order.

7.3 Right of Cooling-Off (ECTA Section 44)

As an online retailer, Crofthive acknowledges your right to cancel an electronic transaction within 7 business days of receiving the Goods, without penalty and without giving reasons. In such cases:

• the Goods must be returned in their original, undamaged condition;
• Crofthive will refund the purchase price within 30 days of receiving the returned Goods;
• the direct cost of returning the Goods is borne by the Consumer.

7.4 Exclusions from Returns

The following may not be returned or exchanged unless defective:

• Goods used, altered, or damaged by the Consumer after delivery;
• Goods specifically manufactured, customised, or personalised for the Consumer;
• perishable or fast-expiry Goods;
• Goods that cannot be returned for hygiene reasons once unsealed (for example cosmetics).

7.5 Refund Processing

Approved refunds will be processed within 30 days of Crofthive receiving and inspecting the returned Goods, via the original payment method.

7.6 Discounted, Sale & Clearance Items

Goods purchased at a reduced, discounted, "sale", or clearance price remain fully subject to the implied warranty of quality under Section 56 of the CPA (see clause 7.1) and the cooling-off right under Section 44 of the ECTA (see clause 7.3). These statutory rights cannot be excluded or limited by Crofthive.

Where a discounted item is returned under the general right to return (clause 7.2) or the cooling-off right (clause 7.3), the refund issued will be the price actually paid at checkout, not the original or undiscounted price.

Items marked as "Final Sale" or "Clearance" on the product page are excluded from the general 10-day right to return under clause 7.2, except where the Goods are defective, unsafe, or not of acceptable quality, in which case clause 7.1 applies in full.

Promotional discounts, sale prices, and voucher codes are valid only for the period displayed on the Website and may not be combined with other offers unless expressly stated. Crofthive reserves the right to end a promotion early or extend it, provided that any Order already confirmed at the displayed price will be honoured.

8. Product Descriptions & Availability

Crofthive endeavours to ensure that all product descriptions, images, and pricing on the Website are accurate and up to date. Product images are for illustrative purposes only and may not perfectly represent exact colour, size, or appearance due to differences in screen displays.

Stock availability is displayed in real time where possible, but Crofthive does not guarantee that items shown as available will remain in stock by the time an Order is processed. In the event of a stock-out, Crofthive will notify the Consumer and offer a refund or alternative.

9. Intellectual Property

All content on the Website, including text, images, graphics, logos, product designs, layouts, and software, is the property of Crofthive or its licensors and is protected under South African and international intellectual property laws.

Consumers may not copy, reproduce, distribute, publish, or create derivative works from any Website content without the prior written consent of Crofthive. Nothing in these Terms transfers any intellectual property rights to the Consumer.

10. Privacy & Protection of Personal Information

Crofthive is committed to protecting your personal information in accordance with POPIA. By placing an Order, you consent to Crofthive collecting and processing your personal information (including name, contact details, delivery address, and payment information) for the purposes of:

• processing and fulfilling your Order;
• communicating with you about your Order;
• improving the Website and our service offering;
• complying with legal obligations;
• sending marketing communications where you have given your consent.

Crofthive will not sell, rent, or share your personal information with third parties except where necessary to fulfil an Order (for example, sharing your delivery address with a courier), or as required by law.

You have the right to access, correct, or request the deletion of your personal information. Please see our full Privacy Policy for details.

11. Limitation of Liability

To the fullest extent permitted by South African law, Crofthive's total liability to any Consumer shall not exceed the total purchase price paid for the specific Order giving rise to the claim.

Crofthive will not be liable for any indirect, consequential, incidental, special, or punitive damages, including loss of income, loss of profit, or loss of data, howsoever arising.

12. Disclaimer of Warranties

The Website and its content are provided "as is" and "as available". To the extent permitted by law, Crofthive makes no representations or warranties that the Website will be uninterrupted, error-free, or secure.

Crofthive is not liable for any loss or damage arising from the use of third-party websites linked to or from the Website. Links are provided for convenience only and do not constitute an endorsement.

13. Force Majeure

Crofthive will not be in breach of these Terms or liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control, including acts of God, natural disasters, national states of disaster, load shedding, civil unrest, strikes, pandemics, government actions, courier failures, or internet service disruptions.

Crofthive will endeavour to notify affected Consumers and resume performance as soon as reasonably practicable.

14. Dispute Resolution

If you have a dispute, complaint, or concern, please contact Crofthive directly in the first instance so that we may attempt to resolve the matter amicably.

If the matter cannot be resolved directly, Consumers under the CPA are entitled to refer it to:

• National Consumer Commission (NCC): www.thencc.org.za
• Consumer Goods & Services Ombud (CGSO): www.cgso.org.za
• A Consumer Court in the applicable province.

These Terms are governed by the laws of the Republic of South Africa. To the extent that legal proceedings are necessary, the Parties consent to the jurisdiction of the South African courts.

15. Amendments to These Terms

Crofthive reserves the right to amend these Terms at any time. Updated Terms will be posted on the Website with the effective date noted at the top of the page. Continued use of the Website or placement of Orders following any amendment constitutes acceptance of the revised Terms.

16. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable by a court of competent jurisdiction, that provision will be severed from the remainder of the Terms, which will continue in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy and any other policies published on the Website, constitute the entire agreement between Crofthive and the Consumer in respect of the sale of Goods and supersede all prior discussions, representations, or agreements.

18. Contact Us

For any queries, complaints, or requests relating to these Terms, please get in touch: