Terms & Conditions

Website Terms and Conditions of Use Relating to http://www.smakcoffeeco.com

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Smak On (Pty) Ltd (“Provider”) website located at the domain name http://www.smakcoffeeco.com (“the Website”). By accessing and using this Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the Website for marketing and other purposes without the consent of the Provider.

  1. Images used are for visual representation only. Actual products may differ.

  2. Smak On (Pty) Ltd reserves the right to change special offerings at their discretion without prior notice.

SMAK ON (PTY) LTD ARE NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY NESPRESSO®.

Electronic Communications

By using this Website or communicating with the Provider by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

E-Commerce & Privacy

The Website http://www.smakcoffeeco.com sells coffee capsules, coffee machines and related accessories online. The use of any product or service bought from this Website is at the Purchaser’s risk. The Purchaser/User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is, the delivery address and contact phone number, will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (personal computer or other electronic device used to browse the Website), which may result from the lack of adequate virus protection software or spyware that the User may have inadvertently installed on his/her device.

The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.

Online Payment – PayFast Payment Gateway

All online credit card payments are processed by the PayFast Payment Gateway. Cardholders may go to https://www.payfast.co.za/privacy-policy/ to view PayFast's Security & Privacy policy.

Electronic Funds Transfer (EFT)

If the User selects to pay via Electronic Funds Transfer (EFT), instructions will be provided on how to make a transfer to the Smak On (Pty) Ltd bank account, and the User will be subject to the following rules:

  • The exact amount must be paid

  • The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer

Please note:

  • Unpaid EFT deposit orders will be canceled after two business days

  • Clearance can take up to three business days

Smak On (Pty) Ltd banking details are as follows:

Account type: FNB business cheque account

Acc number: 62570875157

Branch code:  250655

Refund and Return Policy

The provision of goods and services is subject to availability. In cases of unavailability, the Provider will refund the User in full within 30 days. Cancellation of orders by the User will be subject to a 10% charge for administration costs.

The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.

Any complaints regarding the standard and quality of the product or products bought by the User through the e-commerce facility should be directed to hello@smakcoffeeco.com.

All products supplied through the Website are provided by well-established suppliers. All warranties are held with Smak On (Pty) Ltd. These warranties are subject to our standard Terms and Conditions. Should a fault arise with any item, the item must be returned to Smak On (Pty) Ltd at Inospace Island Works, 22 Cumberland Road, Paarden Eiland, Cape Town, 7405.

Updating of the Terms and Conditions

The Provider reserves the right to change, modify, add or remove portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights

The Provider supplies certain information on this Website. Content currently or in the process of being displayed on this Website is supplied by the Provider, its affiliates and/or subsidiaries, or any other third party owners of such Content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyrighted by and intellectual property of the Provider, its affiliates or subsidiaries, or any other third party owner of such rights (“the Owners”), and are protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to any products and/or services offered through the Website at any time and without notice. All rights in and to the Content are reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including, without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights, in or to the Content.

Limitation of Liability

The Website and all Content on the Website, including any current or future offers of products or services, is provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if the Provider is expressly advised thereof.

Privacy: Casual Surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User’s computer, but not the User’s email address or any other distinguishing information. This information is aggregated to measure the number of visits, the average time spent at the Website, pages viewed, and so on. The Provider uses this information to determine the use of the Website, and to improve the Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Choice of Law

This Website is controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.