Updated March 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.twaksak.co.za website (the "Service") operated by Itumelele, t/a Twaksak ("us", "we", or "our").
This website and any mobile application (collectively, this "Site") is owned and operated by Itumelele, t/a Twaksak ("We", "Us" or "Twaksak").
We are providing you with access to this Site and our online store (together, our "Services") subject to the following terms and conditions. By browsing, accessing, using, registering for or ordering on this Site or otherwise using our Services, you agree to be legally bound by these terms and conditions, including any policies referred to herein (collectively, these "Terms").
"If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
"Customer" means individual who places an Order on the Site
"You" means the Customer who places an Order on the Site
"Order" means the order submitted by you on the website to purchase a Product
"Product(s)" means the products to be sold to Customers via the website in accordance with this Terms
"Account" means the account that you will need to register in order to submit an Order
"Acknowledgement" means our confirmation of your Order (typically sent by email)
"Business Day" means any day other than a Saturday, Sunday, bank holiday or public holiday in South Africa
“We” means Itumelele Trading, t/a Twaksak | Tobacco Pouch
“Delivery Form” means anything that requires your signature to prove that you have received the goods. This can be a Tax Invoice, Delivery Note or a Waybill.
In order to access some features of this Site, you may be required to register and we may assign to you, or you may be required to select, a username and password or other unique account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site.
You will be solely responsible for all access to and use of this site by anyone using the username and password originally selected by, or assigned to you, whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
Itumelele Trading t/a Twaksak | Tobacco Pouch and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
We respect your privacy and comply with all legal requirements regarding electronic communication with you. You do have an option to "Opt Out" of all email communication.
When placing an order online, you must be over 18 years of age and register for an account on the website. Only payments with South African cards via PayPal, EFT or other payment gateways we may introduce, will be accepted on our Site. To place the order you should follow the given instructions.
Itumelele t/a. Twaksak | Tobacco Pouch uses several payment Gateways for payments. These services use appropriate security and encryption methods. Proper security is in place for all credit card transactions. They may use BIN/IIN validation to check for card-issuing bank locations and merchants can choose to enable/disable payments from certain countries. Payments and card details are automatically checked against large online databases of blacklisted details.
Once you select a Product to order, you will be directed to the Check-out routine where all applicable charges will be shown which you must pay including surcharges if applicable, and any applicable delivery charges. Unless otherwise stipulated on the website, all charges are based on the South African currency (ZAR). You will be able to click on a Currency Converter to see an indication of the charges in your currency. Please note that, due to the fluctuations in exchange rates, charges other than those in the base currency (ZAR) may differ due to live exchange rates. The correct charges will always be those in the South African currency (ZAR).
Please note that payment gateway services such as, but not limited to, PayPal, Payfast, PayU, DGO Gateway, Snapscan, Money Orders etc. charge for each transaction as well as for the conversion to the base currency. A surcharge of 12% will be added when payment is done through a gateway service. Any Electronic Funds Transfer (EFT) is not subject to a surcharge.
You shall pay for the order in full, including any applicable charges by any method available on the Checkout routine when placing the order. We shall not be bound to accept the order before we have received the funds in full.
You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct. We reserve the right to obtain validation of your payment details before providing you with the Product.
When you submit an Order, you agree that you do so subject to the prevailing Terms and Conditions.
We will send you an Acknowledgement with your Order reference number and details of the Product you have ordered. Itumelele Trading, t/a Twaksak | Tobacco Pouch reserves the right to decline any order, for any reason (e.g. unavailability of supplies). In this case, we will promptly grant you a credit, a replacement product or a full refund. You agree that we may contact you to offer a replacement product.
Itumelele Trading, t/a Twaksak | Tobacco Pouch will endeveour to ensure that prices shown on the website are accurate. In the unlikely event that the price of your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
We will endevour to ship your order as soon as possible. For those items that are in stock, we aim to ship your parcel within 2-7 business days.
Domestic and International parcels shipped with one of our courier services, may take between 2 - 8 days.
Domestic parcels shipped with the South African Postal Service (SAPO), may take considerably longer.
International parcels shipped with the South African Postal Service may take up to 3 months to be delivered to you.
For those products that are not currently in stock, we will ship your parcel as soon as the shipment has arrived. Please note that we are dependent on the availability of the products from our Suppliers. In the event that a product is out of stock from our Suppliers, or need to be ordered internationally, arrival may take up to 3 months due to Customs and the South African Postal Service. In any event, we will endevour to ship your product as soon as possible.
We will notify you if we are unable to meet our estimated delivery timeframe but, to the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Items will be delivered to the address you provided while placing an order. For special freight items the courier might contact you directly to agree on an appropriate delivery time.
If, for any reason, the courier cannot reach you at the agreed delivery time, we will provide you with the instructions to either collect the shipment directly from a courier depot if possible or to re-arrange the delivery. In these situations, Itumelele Trading, t/a Twaksak | Tobacco Pouch reserves the right to charge you for any additional costs incurred (e.g. delivery and storage).
Please note: International customers may have to pay customs duty charges applicable to your country's regulations.
Upon delivery, you will be asked to sign a delivery form, in which you confirm that your order was delivered without obvious defects or damage, the correct quantities and product(s) and that the order is fulfilled.
All risks and liabilities shall pass to you upon shipment by us. We will not be liable for loss or destruction of the order, or for the delay of the delivery of your order.
Itumelele t/a. Twaksak | Tobacco Pouch and its associates attempt to be as accurate as possible. However, we does not warrant that product descriptions and/or product photos or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us itself is not as described, your sole remedy is to return it in unused condition within 7 days. After 7 days we will accept that you are satisfied with the product.
Due to the nature of our products, photos may not exactly represent the actually product that you will receive. However, we will endevour to present the products as true as possible.
We strive for customer satisfaction. Therefore, we will give you the option to return any unopened, unused item in its original packaging that you bought from us, within 5 days of receiving the item.
Once we receive the items, we will fully refund you the amount you paid for the product(s) less a 15% admin fee. The shipping costs of returns will be for your account.
This Site may include features and functionality ("Interactive Features") that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
- User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
- User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that
- (a) such User Content is non-confidential;
- (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms;
- (c) the User Content is accurate and not misleading or harmful in any manner; and
- (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Separate and apart from User Content, you may be able to post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Itumelele Trading t/a Twaksak | Tobacco Pouch reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Itumelele Trading t/a Twaksak | Tobacco Pouch and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Itumelele Trading t/a Twaksak | Tobacco Pouch and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Itumelele Trading t/a Twaksak | Tobacco Pouch or its associates for all claims resulting from content you supply. Itumelele Trading t/a Twaksak | Tobacco Pouch has the right but not the obligation to monitor and edit or remove any activity or content. Itumelele Trading t/a Twaksak | Tobacco Pouch takes no responsibility and assumes no liability for any content posted by you or any third party. (collectively "Feedback").
You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback.
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;
- remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
- collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
- reformat or frame any portion of any Web pages that are part of this Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other users unsolicited electronic communications, such as "spam," or otherwise interfere with other users' enjoyment of the Site;
- submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
- transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
- use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
copy or store any User Content offered on this Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
- use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the "Site Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights. Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract. We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped. When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. All returns are governed by our Return Policy. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
Links This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
Itumelele t/a. Twaksak | Tobacco Pouch has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Itumelele Trading t/a Twaksak | Tobacco Pouch of the site. Use of any such linked web site is at the user's own risk.
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to
- (a) your access to and use or misuse of this Site;
- (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site;
- (c) any Feedback that you provide; (d) your violation of these Terms; and
- (e) your violation of any rights of another.
You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.
Except as expressly provided, this Site, including all Site Content, Product descriptions, and services provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied.
We disclaim all other representations, warranties, conditions and duties, express, implied or statutory, including but not limited to implied warranties, duties or conditions:
- of merchantability, fitness for a particular purpose or use, results, title and non-infringement; and
- created by trade usage, course of dealing or course of performance.
In no event shall we or our related parties, be liable for special, indirect, incidental, or consequential damages, including lost profits or loss of business, even if they have been advised of the possibility of such damages, nor shall our and our related parties' aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these Terms or the purchase or use of any products or services purchased through this site exceed the purchase price of the product or service. The limitations set forth in this paragraph will not limit or exclude our or our related parties' gross negligence, fraud, intentional, willfull, malicious or reckless misconduct.
We does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.
We shall not be liable to you for any breach, hindrance or delay in the performance of a an order attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate an order forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of seven Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, that condition shall be deemed several and shall not affect the validity and enforceability of any remainign provision. The remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Product(s) or Service, and supersede and replace any prior agreements we might have between us regarding the Product(s) or Service.
No failure or delay by us or you in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
Itumelele t/a. Twaksak | Tobacco Pouch comply with South African Laws governing the use and dissemination of Private Information. These terms are subject to the provisions of the Electronic Communications and transactions Act no. 25 of 2002 (the Act") and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.
- Protection of Personal Information Act of 2013
- Electronic Communications and Transactions Act 25 of 2002
Itumelele t/a. Twaksak | Tobacco Pouch may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Twaksak
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Itumelele Trading t/a Twaksak | Tobacco Pouch on any matter provided for in, or arising out of these Terms and Conditions, and not resolved between the parties then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
A full record of every sale and related transaction between you and Itumelele Trading t/a Twaksak | Tobacco Pouch shall be maintained on the Site for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, where after you shall be responsible for retaining your own record of the relevant sale or related transaction.
Our contact details are:
PO Box 3984
4 Van Riebeeck Str
+27 (0)83 349 6588 / +27 (0)870 700 9816