GDPR / Trading T&C of Afri Jigs
Last updated: 2020/06/16
Afri Jigs means AfriG adventures t/a Afri Jigs, 91 Ravensmead, Lonehill, Johannesburg, South Africa.
General Data Protection Regulation Act.
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and how any personal information is to be, processed.
Data Processor means any natural or legal person who processes the data on behalf of the Data Controller.
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
1. Principles for processing personal data
Our principles for processing personal data are:
Fairness and lawfulness. When we process personal data, the individual rights of the Data Subjects must be protected. All personal data must be collected and processed legally and fairly.
Restricted to a specific purpose. The personal data of Data Subject must be processed only for specific purposes.
Transparency. The Data Subject must be informed of how his/her data is being collected, processed, and used.
2. What personal data we collect and process
Afri Jigs collects several different types of personal data for various purposes. Personal Data may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
3. How we use the personal data
Afri Jigs uses the collected personal data for various purposes:
To provide you with services
To notify you about changes to our services and/or products
To provide customer support
To gather analysis or valuable information so that we can improve our services
To detect, prevent and address technical issues
4. Legal basis for collecting and processing personal data
Afri Jigs legal basis for collecting and using the personal data described in this Data Protection Policy depends on the personal data we collect and the specific context in which we collect the information:
Afri Jigs needs to perform a contract with you
You have given Afri Jigs permission to do so
Processing your personal data is in Afri Jigs legitimate interests
Afri Jigs needs to comply with the law
5. Retention of personal data
Afri Jigs will retain your personal information only for as long as is necessary for the purposes set out in this Data Protection Policy.
Afri Jigs will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.
6. Data protection rights
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed what personal data, we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you
The right of rectification
The right to object
The right of restriction
The right to data portability
The right to withdraw consent
Trading Terms and Conditions
TERMS AND CONDITIONS OF THIS AGREEMENT SALE AND DEED OF SURETYSHIP RELATING THERETO ENTERED INTO BY AND BETWEEN AFRI JIGS (PTY) LTD (Hereinafter referred to as the “SELLER”) AND ITS CLIENTS (Hereinafter referred to as the “PURCHASER”), TO BE SIGNED ON ACCEPTANCE OF QUOTATION AND WORKING RELATIONSHIP.
IT IS AGREED THAT:
1. The invoice price reflected on the SELLER’s invoice shall be paid by the PURCHASER without set-off, deduction or retention on any basis whatsoever and within the terms offered and in accordance with the terms and payments which the parties hereto might from time to time agree.
2. The SELLER shall be entitled to charge compound interest, from time to time, at the maximum rate permissible by law on all overdue amounts.
3. The risk in and to the goods purchased shall pass to the PURCHASER on Collection/Delivery thereof. Notwithstanding Collection/Delivery of the goods, ownership shall remain vested in the SELLER and shall not pass to the PURCHASER until payment of the purchase price in respect of all the goods forming the subject matter of the sale has been made in full by the PURCHASER.
4. The SELLER shall not, under any circumstances be liable for any defects (whether latent or patent), shortage in delivery or failure of the goods complying with the PURCHASER’s specifications, unless written notice is received by the SELLER within 3 days of delivery/collection of the goods, and shall not pass to the PURCHASER until payment of the purchases has been made in full by the PURCHASER.
5. The SELLER shall not be liable for any consequential loss or damages of whatsoever nature suffered by the PURCHASER in respect of delays in delivery, defective goods and from any other cause howsoever arising.
6. In the event of the PURCHASER committing any breach of the terms of the agreement, all of which are deemed to be material, the SELLER at its option and without prejudice to any of its rights in law, shall be entitled to: 6.1. retake possession of the goods sold and delivered to the PURCHASER in respect of which ownership has not passed.
6.2. demand that the PURCHASER immediately make payment to the SELLER of all amounts in respect of all goods sold and delivered by the SELLER to the PURCHASER notwithstanding that payment in respect of any such goods might not then be due and payable.
6.3. retain all payments made by the purchaser as pre-estimate of liquidated damages.
6.4. claim performance.
6.5. claim damages for any loss suffered by the seller as a result of the breach.
7. In the event of the PURCHASER failing to make payment of any amount on the due date the full amount in respect of all goods sold and delivered by the SELLER to the PURCHASER shall immediately become due, owing and payable.
8. The SELLER shall be entitled, but not obligated to institute any proceedings against the PURCHASER arising out of any sale in the Magistrate’s Court. The PURCHASER agrees to be liable to the SELLER for all legal costs calculated on the Attorney and own client scale
9. The PURCHASER and signatory/ies hereto nominate the PURCHASER’s business address to be recorded in our records as their Domicilium Citandi Et Executandi.
10. The PURCHASER hereby irrevocably and In rem suam cedes, pledges, assigns, transfers and makeover unto and in favour of the SELLER, all its rights, title and interest, claim and demand in and to all claims of whatsoever nature and description and howsoever arising which the PURCHASER may now or at any time hereafter have against all and any person, companies, firms, partnerships, association, syndicates and other legal persons whomsoever (“PURCHASER’s DEBTORS”) without exception as continuing covering security for the due payment of every sum of money which may now or at any time thereafter be or become owing by the PURCHASER to the SELLER from whatsoever cause or causes arising and for the due acknowledgement that this cession is a cession in Securitatum Debiti and is not an out-and-out cession. Should it transpire that the PURCHASER entered into prior deeds of cession or otherwise disposed of their rights, title and interest in and to any of the debts which will from time to time be subject to the cession, then this cession shall relate to all of the PURCHASER’s reversionary rights.
11. No extension of time or any other relaxation or indulgence granted by the SELLER to the PURCHASER shall operate as, or be deemed to be a waiver by the SELLER of any of its rights under this agreement, or a novation of any of its terms and conditions of this agreement.
12. Any credit facilities which may be in place may be withdrawn by the SELLER at any time without prior notice.
13. A signed Delivery Note shall constitute prima facie proof that the goods have been delivered/collected and received by the PURCHASER in good condition, whether or not the Delivery Note has been signed by the PURCHASER, an employee, an agent or a representative of the PURCHASER.
14. A certificate by the Director or Manager of the SELLER shall constitute prima facie proof of the indebtedness and the amount thereof owing by the PURCHASER to the SELLER.
15. The PURCHASER warrants that the information on the above and on its credit application is true and correct, and undertakes to notify the SELLER in writing, of any changes of details given including change of ownership, name and address. Such changes shall in no way derogate from my/our liability to the SELLER.
16. The PURCHASER shall not for any purpose be entitled to rely on any warranties (express or implied) or on any representations (of whatsoever nature) not recorded in these terms and conditions.
17. No variation or alteration of these terms and conditions and no consensual cancellation of this agreement shall be of any force or effect unless reduced to writing and signed by all of the parties.