Important Notice

• Your attention is drawn to these Terms and Conditions because they should be read through carefully and attention should be paid thereto.

1. About Us
   • Full name: Maxiflex (Pty) Limited a private company duly incorporated and registered in accordance with the company laws of South Africa (“Maxiflex” alternatively referred to using the terms “we”, “us” and “our”)
   • Registration Number: 2012/005844/07
   • Main business: The Sale of PVC strip curtains, industrial doors, and loading dock equipment.
   • Physical address for receipt of legal service: 14a Foreman Street, Spartan Ext 7, Kempton park
   • Phone number: 011 392 1709
   • Email address: info@maxiflex.co.za
   • Website: maxiflex.co.za
   • VAT Number: 4260262987

1. Introduction
   • Please take a moment to read these Terms and Conditions to understand how they apply to your use of the website and any products that you may order online in respect of the products that Maxiflex may provide.
   • Your continued use of the website will constitute acceptance of the Terms and Conditions, unmodified by yourself.
   • These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:
2. may limit the risk or liability of Maxiflex; and/or
3. may create risk or liability for the user; and/or

• may compel the user to indemnify Maxiflex or a third party; and/or

1. serves as an acknowledgement, by the user, of a fact.
   • If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to request an explanation from Maxiflex before you accept the Terms and Conditions, continue using the website or use any products purchased from Maxiflex.
   • The website enables you to shop online for PVC Strip curtain materials and Loading dock accessories (hereinafter referred to as “goods” or “products”).
   • These Terms and Conditions govern the ordering, sale and delivery of goods, as well as the use of the website.
   • These Terms and Conditions are binding and enforceable against every person that accesses or uses the website (“you”, “your”, “user” or “customer”), including, but not limited to each user who registers as a user (“registered user”) including any person (natural or juristic) who purchases any products distributed by Maxiflex.
   • By using the website you acknowledge that you have read these Terms and Conditions; alternatively through purchasing any products, you are presumed to have read and understood these Terms and Conditions and are accordingly bound to the contents hereof.
   • These Terms and Conditions may apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (hereinafter the “CPA”), however not all users will necessarily be afforded protection in terms of the CPA, subject to the exceptions and exclusions contained therein.
   • Nothing in these Terms and Conditions is intended to or must be understood to unlawfully restrict, limit or circumvent any rights or obligations, as the case may be, created for either you as the user or Maxiflex.
   • Information, ideas and opinions expressed on the website should not be regarded as professional advice or the official opinion of Maxiflex. Users are encouraged to obtain professional advice before taking any course of action related to information, ideas and opinions expressed on the website.
   • If we have to contact you, we will do so telephonically, by email or any other electronic communication facility address provided to us during the order process. “Writing” shall be interpreted to include emails, and where we use the words “writing” or “written” in these Terms and Conditions, this will include Data Messages, including, but not limited to, emails. You acknowledge that all agreements, authorizations or requests on our website satisfy the “writing” requirement as per section 12 of the Electronic Communications and Transactions Act 25 of 2002.
   • You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper functioning of the website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or the information contained herein, without the prior written consent from an authorised Maxiflex representative.
   • Any person that delivers or attempts to deliver any damaging code to the website or attempts to gain unauthorised access to any page on the website shall be prosecuted, and civil damages shall be claimed in the event that Maxiflex suffers any damage or loss.
   • You may not use the website to distribute material which is defamatory or offensive and contains or amounts to hate speech or is otherwise unlawful.
   • In the event that Maxiflex is of the opinion that you have breached these Terms and Conditions, kindly take note that it is within our discretion to take any such action deemed appropriate, including but not limited to suspension or termination of services to a customer.

1. Changes to These Terms
   • We may change these Terms and Conditions or any other term as referred to herein. The amendments will be applicable when published on our website.
   • Please take time to regularly check these Terms and Conditions and take notice of any changes made as they are binding on you. The Terms and Conditions published at the time of the conclusion of a sale will apply for that particular purchase.

4. Creation of Contract of Sale
   • No contract of sale shall come into existence between you and Maxiflex for the sale of any goods until Maxiflex have received and accepted your order and Maxiflex have received payment in full for the goods ordered.
   • By placing an order through our website or with Maxiflex, you warrant that you are 18 years old and where you are under the age of 18 that you are using Maxiflex’s website and placing your order with the consent of your legal guardian or parent.
   • An acknowledgement of your order will be sent to you via email when you place your order, but acceptance of your offer to purchase the goods will not take place until after your payment is received and an acceptance email is sent. It is at this point that a binding legal contract of sale is created, and any such contract is subject to these Terms and Conditions.
   • We operate on a “First to Pay has First Priority” system and all sales are subject to while stock lasts. It is possible that during busy times and where order capacity is high, payments will be received in close succession and a confirmation email sent despite sufficient stock not being available. Where the item or stock you seek is no longer available as a result of this, Maxiflex shall refund you any monies paid, alternatively offer a store credit or any other suitable option. No claim for damages shall be made against Maxiflex should this occur.

5. Indemnity
   • You agree to indemnify and hold Maxiflex, its directors, employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Maxiflex arising out of any breach by yourself of these Terms and Conditions or other liabilities arising out of your use of this website.

6. Limitation of Liability
   • Our website is provided on an “as-is” and “as-available” basis. Maxiflex have taken all reasonable steps to ensure that the content of the website is accurate and complete.
   • Insofar as legally permissible, Maxiflex exclude all express or implied conditions, warranties, representations or other terms which may apply to our website or the contents thereof.
   • Maxiflex make no representation, guarantee or warranty as to the availability and suitability of the website or that there will be uninterrupted use of the website.
   • Maxiflex make no warranty that the functionality of the website will be without interruption or error-free, that defects will be corrected or that the website is free from viruses or anything else which may be destructive or harmful.
   • Unless otherwise determined by law, under no circumstances (including negligence) will Maxiflex, our subsidiaries, affiliates, officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting or distributing our Website or related services be liable for any indirect, incidental, special or consequential damages arising from or in connection with the use or inability to use the Website or any content provided by or through the Website, or resulting from any unauthorised access to or alteration of your transmissions or data, or other information sent or received, including but not limited to, damages for loss of profits, data or other intangibles, even if we have been advised of the possibility of such damages.
   • Liability to a customer in connection with any order will never exceed the total price charged for the products and delivery costs.

7. Warranty of Suitability
   • Maxiflex makes no warranty of fitness or suitability for any particular purpose in respect of any goods purchased from Maxiflex

8. Links to 3^rd Party Websites
   • The website may from time to time include links to third party websites that are controlled and maintained by other entities.
   • Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Maxiflex are not responsible for the content or availability of any such websites or platforms.

9. Copyright
   • The contents of the website including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated on the website are protected by law, including but not limited to copyright and trade mark law.
   • The website content is the property of Maxiflex, its advertisers and/or sponsors and/or is licensed to Maxiflex.
   • You will not under any circumstances acquire any right, title or interest in or to the website or its contents.
   • Any use, distribution or reproduction of the website content, mobile application content, social media page content and/or web portal content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
   • Where any of the website content has been licensed to Maxiflex or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

10. Severability
    • Should any paragraph or section of these Terms and Conditions be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and shall continue to be binding and enforceable.

11. Governing Law
    • The laws of the Republic of South Africa shall govern the interpretation of these Terms and Conditions
    • You hereby consent and submit to the exclusive jurisdiction of the courts of the Republic of South Africa for the purposes of all or any legal proceedings arising from or concerning these Terms and Conditions.

12. Payment
    • EFT – Proof of payment required
    • Instant EFT
    • Online card payment

13. Incorrect Pricing
    • The laws of the Republic of South Africa shall govern the interpretation of these Terms and Conditions
    • You hereby consent and submit to the exclusive jurisdiction of the courts of the Republic of South Africa for the purposes of all or any legal proceedings arising from or concerning these Terms and Conditions.
    • cancel any orders placed and refund the customer any monies or funds paid.

14. Refunds and Cancellation of Agreement of sale
    • Nothing in this section should be interpreted to limit any rights that a customer may be afforded in terms of the CPA.
    • Should you wish to cancel the contract of sale with Maxiflex or return an item that you no longer wish to possess for a refund, you have the right to do so within 7 business days after you receive the goods. This right only applies to goods that have not been opened or remain unused and that remain in their original packaging.
    • To exercise this right of cancellation, written notice must be emailed to Maxiflex at info@maxiflex.co.za providing the details of the goods ordered as well as the particular delivery and the order number. Notification by phone shall not be sufficient.
    • If you exercise your right of cancellation after the goods have been delivered, you will be responsible for the return of the goods to Maxiflex at your own cost. Goods may only be returned by prior arrangement at Maxiflex’s premises to ensure the return can be received.
    • Should an item become damaged in transit to Maxiflex, Maxiflex will not be liable for such damage and the risk remains vested with the customer until Maxiflex accepts delivery thereof. It is recommended that the customer take out the necessary insurance for items being sent to Maxiflex.
    • A refund may be refused in the event that the goods and/or packaging are damaged or lost while in transit.
    • Where Maxiflex has had to incur any delivery or collection costs, such costs will be deducted from any refund due to a customer. Should you prefer Maxiflex to attend to the collection, kindly indicate so in your communication cancelling the agreement between yourself and Maxiflex.
    • Where Maxiflex has had to incur any delivery or collection costs, such costs will be deducted from any refund due to a customer. Should you prefer Maxiflex to attend to the collection, kindly indicate so in your communication cancelling the agreement between yourself and Maxiflex.
    • Refunds may also be subject to deductions for bank and credit card charges incurred by Maxiflex.
    • If the goods are not returned within 7 days of notifying Maxiflex of your intention to cancel the agreement and request a refund, Maxiflex shall not be liable to refund you for such goods.
    • Where a product is returned and it is not in its original packaging or the packaging has been opened, Maxiflex may in its sole discretion elect to process the refund, less an additional fee.
    • An order cancelled in transit shall incur the standard cancellation fee plus any additional transit costs at the expense of the customer.
    • A 20% handling fee will be charged on all returned items not covered by the provisions of the CPA.

15. Product Supply and Delivery
    • Maxiflex provides delivery in various modes, including:-
      1. By courier appointed by Maxiflex;
      2. By courier appointed by you;

• Collection by you;

Delivery by Courier appointed by you

• You as the consumer may appoint a courier or collection agency of your choice to  collect your order.
• Maxiflex shall under no circumstances be liable for any costs as a result of this and no risk shall vest in Maxiflex once your order is handed over to such courier or agent.

Delivery by Courier appointed by Maxiflex

• Delivery will take place at the address you provide when placing your order, save where the delivery is to be made outside the borders of the Republic of South Africa
• Should you deliberately fail to take delivery of goods ordered, and without prejudice to any other rights or remedy that Maxiflex shall have, Maxiflex may:
  • Store the goods until actual delivery and charge you for reasonable costs, including insurance and storage;
  • Sell the goods ant the best available price and (after deducting all reasonable expenses incurred by Maxiflex’s account to you for any excess over the agreed selling price or charge you for any shortfall below agreed selling price.
• If delivery cannot be made at your address for reasons under Maxiflex’s control, Maxiflex will inform you as soon as reasonably possible.
• Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, Maxiflex will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, Maxiflex will inform you as soon as possible of any delays.
• Upon receipt of your order you will be asked to sign for the goods confirming that the goods are delivered in good condition.
  • If the package does not appear to be in good condition, please refuse the delivery.
  • If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
• Timelines provided for deliveries are merely a guideline, as Maxiflex are reliant on the use of couriers.
  • Maxiflex shall not be held liable for any delays occasioned by the actions of any courier company once the parcel has been handed over to a courier for delivery to the customer. Concerns about delivery times and/or delays must be escalated to the relevant courier company.
• Maxiflex shall in no way be liable for orders shipped or delivered to incomplete or incomplete delivery addressed supplied by the customer. Any additional fees for such orders will be for the account of the customer and not Maxiflex.
• Parcels and orders will only be dispatched once payment has been received in full and it is reflected in Maxiflex’s bank account where payment is made by way of EFT or bank deposit
• Where a customer provides incorrect or incomplete delivery information, the customer will be liable for any additional costs that Maxiflex may incur in this regard.
• Should a customer change their address after acceptance of an order, or in any way commit any act that results in increased costs for Maxiflex, the customer acknowledges his/her/its liability for the additional costs.

16. Products and Product Descriptions
    • Products may not be identical to the pictures displayed on the website and the product may vary slightly. All pictures are for illustrative purposes only. We in no way guarantee that the product’s colours as reflected in our advertising depicts the true colour of the product or device.
    • The packaging of products and products may vary from what is displayed on our website and there shall be no claim for such variance.
    • The stock of all products displayed on the website are limited. Maxiflex will make every reasonable effort to remove a product from the website or display same as being “Out of Stock” as soon as a product becomes unavailable

17. Transfer of Risk of Ownership
    • All risk related to any products shall transfer to you on date of delivery of the products by you or a carrier organised by you from Maxiflex’s premises.
    • Ownership of goods will transfer to you once Maxiflex have received payment in full and delivery has successfully taken place.

18. Warranties
    • Where this agreement is subject to the CPA, it shall not override or circumvent any rights afforded to a consumer therein.
    • Stock sold on our website may come with manufacturer warranties which will vary according to the product and manufacturer.
    • In some instances, Maxiflex, although not obligated to do so, may offer an additional warranty for a particular period of upto 1 year. A product shall only be subject to such an extended warranty provided by Maxiflex where such warranty is explicitly disclosed and recorded and shall be on the terms & conditions communicated.
    • Customers are urged to consider and familiarise themselves with the terms of any and all warranties provided in respect of any goods to firstly, understand the terms thereof, and second understand to who the claim should be submitted.
    • Should a warranty be limited to a replacement or repair for example, no refund for such return will be processed.
    • Should a product not be subject to an additional warranty by Maxiflex and only a manufacturer’s warranty, Maxiflex may assist in the returns/repair process, however, shall not be obligated to do so.
    • All Maxiflex warranties in respect of components shall be limited, otherwise such components shall only have a manufacturer warranty (where applicable). This will be communicated to the customer.
    • Any returns not covered by the CPA shall be on a Return to Base model. Maxiflex shall not be responsible for any delivery charges for the return of any goods to Maxiflex and such costs shall be for the account of the customer.
    • Maxiflex shall not under any circumstances accept the return of any item that has visible physical damage. Should such items be delivered to Maxiflex, the customer shall attend to the collection of the items and Maxiflex shall not be liable for any loss or damage as a result of a customer’s failure to collect the necessary items once ordered to do so
    • The determination of what shall constitute customer induced damage for which a manufacturer’s warranty (in addition to Maxiflex’s warranty) is voided shall be made by the manufacturer authorised service centre, whose determination Maxiflex shall not interfere with.
    • Any warranty provided by Maxiflex shall not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by the customer or any other party, use as otherwise recommended by Maxiflex, failure to follow Maxiflex’s instructions or any alteration or repair carried out without the approval of Maxiflex
    • Should a defect arise while under warranty or you have any other complaints about the product, you must notify Maxiflex in writing via the “Contact Us” section of the website, as soon as possible, but within 3 days of the date that the damage has been discovered or ought to have been discovered. Failure to do so shall result in a presumption that the defect occurred at the time it was actually reported to Maxiflex.
    • Kindly take note that Maxiflex is not authorised to open or tamper with certain products, and such activity should be conducted by the manufacturer. Maxiflex shall not engage in such activities should it risk liability for the voiding of a customer’s warranty.
    • Should a product under warranty be discontinued or stock not be readily available, the manufacturer have a discretion and indicate a suitable replacement. Maxiflex cannot request a specific product unless the manufacturer agree thereto

19. Replacement Products
    • Where Maxiflex does not have a particular item in stock or a client wishes to, where permitted, exchange or replace the product for a different or similar product, the customer will be liable for payment of the difference between the initial product and the replacement product where the replacement product is more expensive, or the customer will receive a store credit or refund should the replacement product be cheaper.

20. Promotions
    • Maxiflex may from time-to-time run promotions through its website.
    • Promotional items will not be provided prior to the promotion start date
    • Stock in respect of promotions is limited and such promotions will only be available while stocks last. Should stock become depleted during the promotional period, Maxiflex will not be able to fulfil further promotional give-aways. Maxiflex cannot be held liable once promotional stock has become depleted.
    • Maxiflex reserves the right to amend or cancel the terms of any promotion at any time without prior notice, subject to fulfilling any orders or obligations that came into effect prior to such amendment or cancellation
    • Maxiflex will not under any circumstances be liable, for any conflict between any promotional terms and conditions including but not limited to statements regarding unique ID, key code availability and/or that more unique IDs or key codes will be distributed to customers/users.
    • Maxiflex is not responsible for lost, late, incomplete, invalid, altered of unintelligible or misdirected registration forms or submissions in respect of any promotion being run by Maxiflex.
    • Maxiflex shall further not be liable for any technical, hardware, software, server, website or any other failure or damage of any kind to the extent that any person is prevented from participating in any promotion.
    • Maxiflex shall not be responsible for any invalid, incorrect or unreachable email addresses or other contact details provided by the customer/user.
    • Promotional items provided by Maxiflex do not carry any warranty. Maxiflex shall not be liable for any faults to these products or devices and the customer must approach the manufacturer directly in respect of any such claims.

21. Special or Discounted Pricing
    • Maxiflex shall not be liable to offer any products at a discounted price or offer a refund under circumstances where an order is placed and accepted and the product ordered is later placed on promotion at a lower price.

22. Price Matching
    • Maxiflex in no way guarantees any price matching from competitors and shall in no way price match any international stores or pricing.

23. Force Majeure
    • Maxiflex shall not be liable for any default or delays in the supply or delivery of any orders or further compliance with these Terms and Conditions where such delays are caused by events outside our control, including but not limited to: acts of God, civil disturbance, court order, natural disaster, pandemic, interruption of supply of utilities or war.
    • Where the supply or delivery of a product or performance by Maxiflex is delayed by factors outside the control of Maxiflex, Maxiflex will endeavour to contact you as soon as reasonably possible to inform you and take reasonable steps to minimise the effects of the delay.

24. General
    • Maxiflex may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or the user’s right to use the website or access.
    • As the user you may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party without prior written consent from Maxiflex.
    • Any failure on the part of Maxiflex to enforce any right in terms hereof shall not constitute a waiver of such right.
    • If any term or condition contained herein is declared invalid for any reason whatsoever, the remaining terms and conditions will remain in full force and effect.
    • These Terms and Conditions contain the whole agreement between yourself and Maxiflex and no other warranty or undertaking is valid, unless contained in this document between the parties, or specifically included herein by reference.

25. Right of Admission and Refusal of Service Reserved
    • Maxiflex reserves its right to refuse a customer access to its premises for any disorderly or abusive conduct towards its business or its staff.
    • Maxiflex may refuse to accept orders from customers who have defamed or in any way harmed the name and/or reputation of Maxiflex.

26. Complaints
    • If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please contact us via email at info@maxiflex.co.za.

27. Privacy
    • Maxiflex will –
      • Treat your personal information as strictly confidential, save where we are entitled to share it as set out herein;
      • take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      • provide you with access to your personal information to view and/or update personal details;
      • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      • provide you with reasonable evidence of our compliance with our obligations on reasonable notice and request; and
      • upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
    • We will not retain your personal information longer than the period for which it is needed, unless we are legally required to do so, or if you consent to us retaining such information for a longer period.
    • What information do we collect?
      • Information is collected when a customer registers on our site, places an order, enters a competition or submits a query.
      • Information that may be collected and which you may be required to provide includes your name, email address, identity number, delivery address, age, gender, occupation, account details, tax number or contact number
    • What do we use the information for?
      • The information that is collected may be used in one or more of the following manners:-
        • To improve our customer service, website or service offering;
        • Process orders and transaction;
        • Administer competitions or promotions;
        • Send communications to you regarding our business or promotions
      • Where an email address is provided, we undertake only to use it for purposes of communicating with you regarding an order placed with Maxiflex, unless you specifically provide permission through an opt-in function to receive various communications transmitted to our mailing list including company news, product information, promotions, updates etc.
      • Should you opt-in to our mailing list and at any stage decide that you would like to unsubscribe from any future emails, an unsubscribe option is available on our emails.
    • How is your information protected?
      • We use data encryption on all sensitive information to protect user information.
      • We do not share any personal information with any 3rd party companies.
    • Third party disclosure
      • We will never sell or transfer your personal identifiable information to third parties without your express permission to do so for any specified purpose.
      • This does not include third parties who assist in the administration of this website or assisting in service delivery or administration to you as the customer. Such transfers or disclosure shall only insofar as necessary for the legitimate purpose.
      • We may also disclose your information where required to do so by law or a law enforcement agency or to protect the rights of Maxiflex and other users.
      • . Non-personal identifiable data may be disclosed to third parties for purposes of marketing, market research or gathering of statistics.
    • Use of cookies
    • The website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. Please note that cookies may be necessary to provide you with certain features available on our website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the remainder of provisions of this clause.
    • Third party links
      • Where we include or offer third party products or services on our website, such websites are not subject to these Terms and Conditions and will be subject to their own privacy policies.
      • . It is your responsibility to familiarise yourself with such policies and Maxiflex shall have no responsibility or liability for the content of activities of these linked sites