Terms & Conditions

Terms and conditions of purchase and use

General

These conditions are in place of and exclude all other representations, warranties and conditions except as implied by statute and in particular the purchaser acknowledges that he has relied solely upon his own inspection and skill and judgment and not by reason of any representation by the company. In the absence of a written order from the purchaser, the company’s internal order will constitute the basis of the agreement.
Unless expressly accepted in writing by the company any variations of or additions to these conditions in a purchaser’s order or order form will be deemed to be inapplicable. We may, from time to time, change some or all of the terms of this Agreement. The terms which will apply to you are those which appear on our website on the date which you order from us (your ‘order’). You should print out and retain a copy of those terms at the time at which you send us your order.

These Terms and Conditions only apply to sales of items made directly between Safety Angel and the end user. By placing an order with us you are bound by these terms unless agreed otherwise in writing.
Definitions
“The company”, “our”, “us” and “we” refers to the seller whose trading style appears on your order and invoice. “The customer”, “the purchaser”, “you” and “your” refers to the original company, organisation or
individual who purchases goods and/or services directly from us or anyone acting for or on behalf of any such purchaser. “Consumer” refers to any person who is acting for purposes which are outside his trade,
business or profession. In all cases, for ‘he’ read ‘he or she’. “The site” and “our site” refers to our website www.smartsecurity.net.za and ALL associated websites.

Prices & Quotations

All prices quoted on our site exclude carriage costs which will be added to your order during the checkout process. Unless explicitly requested, method of carriage will be at our discretion. Any costs omitted or corrections on your invoice will be invoiced / credited later. Please notify us promptly if you are not billed the correct amount and we will correct the error. All advertised/advised/published pricing is subject to change at any time without notice due to market/currency fluctuations and other factors. If a price has risen, we will advise before proceeding with an order if you have specified a different price on your order. All quotations are subject to withdrawal or reasonable variation by the company at any time prior to firm acceptance of an order. No order given to the company based upon a quotation shall be binding upon the company until accepted by the company in writing. The company reserves the right to correct any error or omission or quotation or invoice without prior notice.

Payment

We accept payment by most major credit / debit cards and PayPal. We reserve the right not to process orders until your funds have cleared.

Delivery & Acceptance

In most cases, unless agreed otherwise, we dispatch using our preferred carrier.
Standard Local Delivery is normally made within 7 working days and 10 working days for International Delivery, but no absolute guarantee can be given of this or any other delivery times. “Working day” is considered to be Monday to Friday, excluding holidays or any other day on which our offices are closed. We aim to send your purchase within three working days of receiving payment, although please allow up to 21 working days for your goods to be delivered following purchase.
You must inspect goods supplied as soon as practicable after delivery and notify us within a reasonable period of time of delivery any alleged defect or failure to comply with the description of the goods. The goods are at your risk from the time of delivery and no liability will be accepted by us for damage or loss to the products after the time that the delivery document stating that the goods were received has been signed. Failing such notice you will be deemed to have accepted the products and it shall be conclusively presumed that the products are in accordance with the contract and free from any defect or damage, which would be apparent on examination. In the unlikely event that you do not receive your purchase within 10 working days of receiving e-mail confirmation from Safety Angel that your order has been shipped, you must advise Safety Angel (by e-mail) within a further 5 working days so that necessary steps can be taken to locate the missing item. In the event that a purchase goes missing due to an incorrect address being supplied by customer, or then Safety Angel is not liable to issue a refund or replacement to customer.

Transit Damage

Goods obviously damaged in transit must be notified to us within 48 hours of receipt. You are advised to
keep all packaging as that may be required in the event of a claim.

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This policy does not affect your statutory rights.

14 Day Returns Guarantee.

We will only accept the product back for a refund if it is returned in re-saleable condition in the original packaging. You will be liable for the delivery costs to return the item to us.

Before goods can be returned we must issue a returns authorisation number in order that we can track it accurately. Please ensure that your returns authorisation number is included with your returned item so that you can be credited appropriately. Items being returned should use a suitably packed, insured and traceable carriage method. Items need to be returned within ten (10) days after the returns authorisation number has been provided. Where the original purchase had the delivery charge waived (‘Free Delivery’), you may be charged the delivery cost originally waived. We reserve the right to charge a restocking fee on unused, unopened items returned and accepted by Smart Security after the 14 day return period. For items that are returned open or with missing or damaged parts other than if faulty, we reserve the right to charge a restocking fee or an amount to cover the cost of the damaged / missing item. Carriage costs will only be refunded in instances where the full product pack has been returned and we determine the products are faulty. Please keep all the warranty information that accompanies your item as this may be needed should there be a fault. In the event of Smart Security sending you a replacement for a damaged, defective or wrong item, you must return the damaged, defective or wrong item to us within 14 days of receipt of the replacement. We reserve the right to charge the price of the replacement item to the payment card used for the original order if you do not return the original item as aforesaid.

If you have purchased a product that is functional, but does not meet your requirements, then we will only accept the product back for a refund if it is returned in re-saleable condition in the original packaging within 14 days of the purchase date. You will be liable for the delivery costs to return the item to us, and a handling fee. This is a 15% charge of the value of the item. An additional 15% charge will apply on goods returned without the original or damaged packaging. We cannot accept returns after 14 days from the date of purchase. 

14 Day Returns and Refunds

If you are returning a product because of an error on our part or, in accordance with our returns policy, because it is damaged or defective, we will refund the postage charges incurred in sending the item to you and pay your reasonable postage costs of returning it to us. We will check all items returned as damaged or defective. In the event we find no fault, we reserve the right to re-charge you for the item/s and to recover our fees and expenses from you. Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price.

Once your purchase has been received by us, and has been inspected to ensure it is in prime condition, we will credit / refund you where applicable. If your purchase is found to be in a state deemed to be non-prime condition, we will not be able to provide a refund.
All refunds are strictly processed from the 3rd to the 7th of each month.

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Smart Security warrants to the original purchaser that this product shall be free from significant defects in material and workmanship for 6 months beginning on the date of purchase as shown on your receipt. Should the product need to be returned it must be sent directly back to the original place of purchase to be processed. Proof of purchase must accompany the returned product. If purchased direct from Smart Security a returns authorisation number is required prior to the product being returned to Smart Security. The product must be returned by signed delivery in suitable protective packaging. This warranty does not apply to any product that has been subject to abuse, misuse, negligence, tampering or has been modified in any way.
Without prejudice to your rights Safety Angel may replace a defective product or issue a credit note. If the product fails because of a defect in materials or workmanship within the warranty period, Smart Security will, at its sole option and at no charge, repair using new or reconditioned parts or replace it with a comparable new or reconditioned unit.
No other warranties, express or implied are made. Smart Security shall not be liable for any special, incidental or consequential damages whether or not the purpose for which you purchased the product was made known to Smart Security, the retailer or otherwise. Your statutory rights are not affected in any way

After Warranty Repairs 

As a general rule, we do our best to keep replacement parts in stock up to 6 months after a device has been discontinued.

Goods Suitability

It is your responsibility to ensure that the correct goods and correct model are ordered for your purposes. In some circumstances, the capability we specify and advertise of the product may not match that of our published specifications elsewhere, often due to international variations. Please, therefore, refer to our site for the product specifications. This may also apply to specifications listed within any packaging and user guide/manuals supplied which may not apply to your particular product, either due to product development, varying models, specification change or local variations. Images of packaging is for illustrative purposes only, all products are supplied in neutral packaging.

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Privacy Policy / Use of information

This Privacy Policy describes how smartsecurity.net.za (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

  • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels 
  • Disclosure for a business purpose: shared with our payment processor PayFast

Order information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: shared with our payment processor Payfast 

Customer support information

  • Purpose of info collection: to provide customer support.
  • Source of collection: collected from you.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

  • We use Woocommerce to power our online store and PayFast to process payments on our online store. You can read more about how PayFast uses your Personal Information here: https://www.payfast.co.za/privacy-policy
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

  • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

LAWFUL BASIS

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

  • Your consent;
  • The performance of the contract between you and the Site;
  • Compliance with our legal obligations;
  • To protect your vital interests;
  • To perform a task carried out in the public interest;
  • For our legitimate interests, which do not override your fundamental rights and freedoms.

RETENTION

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

AUTOMATIC DECISION-MAKING

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Woocommerce uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

  • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
  • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below 

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

COOKIES NECESSARY FOR THE FUNCTIONING OF THE STORE

Front End WooCommerce Cookies

WOOCOMMERCE COOKIE NAMEDURATIONPURPOSE
woocommerce_cart_hashsessionHelps WooCommerce determine when cart contents/data changes.
woocommerce_items_in_cartsessionHelps WooCommerce determine when cart contents/data changes.
wp_woocommerce_session_2 daysContains a unique code for each customer so that it knows where to find the cart data in the database for each customer.
woocommerce_recently_viewedsessionPowers the Recent Viewed Products widget.
store_notice[notice id]sessionAllows customers to dismiss the Store Notice.

No personal information is stored within these cookies.

 

Front End WooCommerce Cookies

WOOCOMMERCE COOKIE NAMEDURATIONPURPOSE
woocommerce_snooze_suggestions__[suggestion]2 daysAllows dashboard users to dismiss Marketplace suggestions, if enabled.
woocommerce_dismissed_suggestions__[context]1 monthCount of suggestion dismissals, if enabled.
tk_aisessionStores a randomly-generated anonymous ID. This is only used within the dashboard (/wp-admin) area and is used for usage tracking, if enabled.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

DO NOT TRACK

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail 

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority.

Smart Security shall only use your Personal Information for the purpose of administering service to you with regards to the tracking platform and mobile applications and, shall only disclose such Personal Information to such of its third party service providers as is necessary to enable the provision of the Smart Security mobile applications service.
By entering into these Terms, you agree that we may collect, store, use and disclose your data, and contact you, as set out above. However, we will not give your information to any third parties for marketing purposes or disclose them to anyone other than as required by any applicable laws or civil authorities. We will comply with the Data Protection Act and associated legislation.
You agree to the terms of our Privacy Policy, available on our website, when you use our services. This
policy may change from time to time, so review this policy with regularity and care. Among other things, the policy includes important matters concerning what information we collect about you, how we use that information, and with whom we share that information (for example, to provide you certain Services, to protect our rights and interests, to respond to legal process etc.). Also, to ensure the quality of our Services and for other lawful purposes, we may also monitor or record calls between us (for example, your conversations with our customer service or sales departments). If you do not agree with the terms of our Privacy Policy, do not purchase or use our Services.

Indemnification

As a condition of your use of our Services and with respect to third-party claims, you agree to indemnify,
defend, and hold harmless Safety Angel its affiliates, subsidiaries, and its and their respective officers, directors, employees, agents, contractors, suppliers, successors, and assigns from and against any judgments, claims, actions, losses, damages, liabilities, costs, or expenses of any kind arising from your use of Smart Security products or Apps, or related software.

Limitation of Liability

To the fullest extent permissible by law, we will not be liable for damages arising out of or in connection with the provision of products and/or services or the use of our site. Whilst this is a comprehensive limitation of liability applying to any and all losses, damages or costs of any kind including (without limitation) direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties, we do not limit our liability if death or personal injury results from our negligence.

Force Majeure

Whilst we will use our reasonable endeavors to complete our obligations under this agreement, we will not be liable to you or be deemed to be in breach of this agreement if we need to cancel this agreement due to our inability to secure labour, materials or supplies or as a result of any act of God, war, strike or other labour dispute, fire, flood, drought, legislation, criminal damage, equipment or technical failures, including the unavailability of third party telecommunications, services, lines or other equipment, or other causes beyond our control.

Governing Law / Jurisdiction

This Agreement will be governed by and construed in all respects in accordance with South African law and the parties agree to submit to the exclusive jurisdiction of the South African courts.