Terms of Service
1. Acceptance of our terms:
By visiting the Hasmart Website, viewing, accessing, or otherwise using any of the services or information created, collected or submitted to Hasmart, you agree to be bound to the following Terms of Service. By clicking on the “agree to terms and conditions” at check-out you understand, agree and acknowledge that these terms are legally binding between the customer and Hasmart.
Where you are a consumer as defined in the Consumer Protection Act 68 of 2008 (“CPA”), certain rights under the CPA cannot be excluded and nothing in these Terms is intended to limit those rights. Clauses limiting our liability or imposing risk on you are marked for your attention and are set out in plain language, as required by section 49 of the CPA.
Definitions and Interpretation
“Goods” means the packaging products, containers, plasticware, food items, and related items offered for sale on the website.
“Order” means a request by the customer to purchase goods, submitted via the website, www.hasmart.co.za.
“Bulk Order” means any Order placed under a custom quotation, typically for volumes exceeding standard online cart limits.
“Business Day” means any day other than a Saturday, Sunday or public holiday in South Africa.
“POPIA” means the Protection of Personal Information Act 4 of 2013.
“CPA” means the Consumer Protection Act 68 of 2008 and its regulations.
Headings are for convenience only and do not affect interpretation.
2. Provision of Service, Products, Pricing and Availability
Hasmart sells packaging, catering containers, plasticware, food service and, party and gifting related goods for both individual and bulk purchase. There is no minimum or maximum order quantity for standard online orders. Orders exceeding a value or volume threshold specified on the website (currently orders over R5 000) may qualify for bulk pricing via a custom quotation. – See Clause 3
- All prices are displayed in South African Rand (ZAR) and, unless stated otherwise, include VAT at the applicable statutory rate.
- Prices, product descriptions, specifications and images are provided for guidance and may vary slightly from the goods actually supplied (for example, due to batch, colour or minor packaging differences).
- We reserve the right to correct pricing or listing errors at any time before an order is confirmed. If an error is discovered after payment, we will notify you and offer a corrected price, a substitute, or a full refund.
- Stock availability is not guaranteed until your order is confirmed. Where an item becomes unavailable after you order it, we will contact you with options (substitution, back-order, or refund).
- We may withdraw or amend any product from the website at any time without liability, provided this does not affect Orders already confirmed.
You agree and acknowledge that Hasmart is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it
3. Bulk Orders and Custom Quotations
Businesses of all sizes, including small and growing businesses, may request a custom quotation for bulk or large-volume purchases, or for personalized packaging specifications (such as branding, sizing, or packaging formats).
- Bulk quotations are valid for the period stated on the quotation document, or for 14 days if no period is stated.
- A Bulk Order is only binding once you have accepted the quotation in writing (including by email) and, where applicable, paid the required deposit.
- Lead times for custom or bulk goods (including printing, or branding work) will be communicated at the time of quotation and are estimates, not guaranteed delivery dates.
- Custom-manufactured or branded goods made to your specification are non-returnable except where they are defective or do not match the agreed specification.
4. Placing and Order
Placing an order via the Hasmart website is an offer by you to purchase the selected goods, subject to these terms. A contract of sale is only formed once we send you an order confirmation (by email or on-screen) or, for bulk orders, once we confirm acceptance of your quotation.
We may decline or cancel an order at our discretion — for example, where goods are unavailable, pricing is incorrect, payment cannot be verified, or we reasonably suspect fraudulent activity. Where we cancel a paid order, we will refund you in full.
It is your responsibility to check your order details (products, quantities, delivery address) before submitting payment.
5. Delivery and Collection:
Hasmart deliver nationwide within South Africa via a third-party courier service. We do not deliver outside South African borders. You are also welcome to arrange your own courier, or collect your order from our premises by prior arrangement.
- Delivery timeframes provided on the website or at checkout are estimates only and are not guaranteed, particularly for outlying areas, bulk quantities, or custom/branded goods.
- Hasmart are not liable for delays caused by circumstances outside our reasonable control, including courier delays, load-shedding, adverse weather, strikes, protest activity, or other events of force majeure. We will keep you informed of any known disruption affecting your order.
- You must inspect goods on delivery or collection and note any visible damage or shortage on the delivery note, or report it to us within 48 hours.
If a delivery attempt fails due to an incorrect address or nobody being available to accept delivery, additional delivery charges may apply for a repeat attempt.Â
6. Limitation of Liability:
Nothing in these terms limits or excludes any liability that cannot lawfully be limited or excluded, including liability for gross negligence, fraud, or liability arising under section 61 of the CPA for harm caused by unsafe, defective, or hazardous goods.
- Subject to the above, our total liability to you arising out of or in connection with an order is limited to the amount you paid for the goods giving rise to the claim.
- Hasmart are not liable for indirect, special, or consequential loss, including loss of profit, loss of business, or business interruption, except where such liability cannot be excluded by law.
- The Hasmart website and its content are provided “as is”. while we take reasonable care to ensure accuracy, we do not warrant that product descriptions, images, pricing, or other content are always complete, current, or error-free.
- Where you are a consumer under the CPA, these limitations apply only to the extent permitted by sections 48 to 51 of the CPA, and do not affect your statutory rights.
7. Exchange and Return Policy
Your right to cancel (cooling-off)
Where applicable under the CPA, and for Goods purchased through direct marketing, you may have a statutory right to cancel within a specified cooling-off period. Where this applies, we will honour it in accordance with the CPA
Change of mind
For standard, unbranded, unopened goods in resaleable condition, we accept returns within 30 days of delivery, subject to proof of purchase. You are responsible for return shipping costs unless the return is due to our error or a defect. A reasonable handling fee may apply, as permitted under the CPA. Refer to our full return policy.
Faulty, damaged or incorrect Goods
If goods are defective, damaged in transit, or do not match your order, please notify us within 48 hours of delivery. Depending on the circumstances, we will repair, replace, or refund the goods at no cost to you. Refer to our full return policy.
Custom and bulk Goods
Goods manufactured or branded to your custom specification cannot be returned for change of mind, but remain subject to your statutory rights regarding defects and non-conformity.
To initiate a return, contact us using the details on our contact us page with your order number and a description of the issue.
8. Currency & VAT and Payment Policy:
Hasmart is a South African based company, and hence all items sold on this website are sold in South African Rands (ZAR) and includes % VAT.
- Accepted payment methods are displayed at checkout and may include credit/debit card, instant EFT, and bank transfer. Bulk Orders may require a deposit and/or payment on approved credit terms, as agreed in writing.
- Full payment (or an agreed deposit) is generally required before goods are dispatched, unless we have agreed credit terms with you in writing.
- Card and online payments are processed through a third-party payment gateway. We do not store your full card details. The payment provider’s own terms and privacy practices apply to the payment transaction.
- Risk in the goods passes to you on delivery or collection. Ownership of the goods only passes to you once we have received payment in full.
9. Privacy & Security Policy:
Hasmart demonstrates commitment to each of our customers’ privacy. We are committed to building long term relationships and trust and keeps all information confidential. Information will not be disclosed to any third-parties, unless required by the law.
Hasmart has taken all the necessary steps to ensure that this site is completely secure. You don’t have to worry about any of the information you share with us on this website. At all points where you are prompted for sensitive information, the information will be encrypted and protected. We process this information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).
- Full details of what we collect, why, how long we retain it, and your rights as a data subject (including the right to access, correct, or request deletion of your information) are set out in our Privacy Policy, available on the Website.
- We only use cookies and similar tracking technologies with your consent, obtained via our cookie banner, and in accordance with our Cookie Policy.
You agree to indemnify and hold Hasmart harmless against any claim, loss, or damage arising from your misuse of the website, breach of these terms, or violation of any applicable law, save to the extent caused by our own negligence or willful misconduct.
10. Entire Agreement:
You understand and agree that the above terms and conditions constitutes the entire general agreement between you and Hasmart. You may be subject to additional terms and conditions when you use, purchase, or access other services, affiliate services or third-party content or material.
11. Country of Domicile:
This website is governed by the laws of South Africa and Hasmart chooses its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice or other document or communication or whatsoever nature.
12. Changes to the terms and general amendments:
Hasmart reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms becomes effective on the date they are posted and your continued use of Hasmart after any changes to Terms will signify your agreement to be bound by them.
